Posted on 08/13/2010 4:15:28 AM PDT by xzins
SAN FRANCISCO, Aug. 12 (UPI) -- California will not appeal a U.S. judge's decision to lift a stay on his injunction blocking the state's voter-enacted ban on same-sex marriage, officials said.
U.S. District Court Judge Vaughn R. Walker said Thursday he would lift the stay and allow same-sex marriages to proceed, but not until Aug. 18. Such marriages would be permitted after that unless an appeals court, possibility the U.S. Circuit Court of Appeals for the 9th Circuit, issues a stay beyond the date.
Walker warned the amendment's sponsors may not have standing, or status, to make the appeal because they were not affected by the stay.
"As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the court of appeals will be able to reach the merits of proponents' appeal," Walker wrote. "In light of those concerns, proponents may have little choice but to attempt to convince either the governor or the attorney general to file an appeal to ensure jurisdiction."
Gov. Arnold Schwarzenegger and state Attorney General Jerry Brown had urged the judge to immediately lift the stay, allowing gay and lesbian marriages to go on during the legal process, and a spokesman for the governor indicated Thursday Schwarzenegger will not appeal the ruling, the Los Angeles Times reported.
"The governor supports the judge's ruling," spokesman Aaron McLear said.
If higher courts concur with Walker on the standing issue, they would not decide the issue on its merits, the newspaper said. However, the case could still get further hearings on procedural issues, during which time the ruling overturning Proposition 8 would stand in California.
In issuing a preliminary injunction Aug. 4 against the ban, a state constitutional amendment called Proposition 8, the judge said it "both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
The Times said the sponsors had warned they would go to the U.S. Supreme Court seeking a stay if Walker allowed same-sex marriages to continue.
California voters approved the ban in November 2008 by a 52.3 percent majority six months after the California Supreme Court ruled laws against same-sex marriage violated the state Constitution. The state court later upheld Prop 8 as a valid amendment to the state Constitution.
Best thing that could happen would be if Califorina dropped off into the Ocean. Would eliminate most of the queers illegals and liberals West of the Mississippi. Sorry if you live there...you might want to consider relocating to someplace in America.
They are going to make Europe look conservative soon, and nothing is going to stop them.
Don’t be so optimistic. It could be catching!
I live in Maryland on the East Coast and we are politically as bad as California.
We are filled up with homosexuals, liberals ,illegals , and Democrats here also, and have one of the highest tax rates in the country.
I have some homosexual neighbors, good people, good neighbors, I don’t care about their sexual antics, as long as they don’t try them with me, and they won’t.
Calling anything they do a marriage is horse dung. I do not care if they receive everything a married couple receives, and tht include alimony,but it isnt a marriage.
That the Attny Gen - Jerry Brown will not fight this gives Meg 5% increase in voters, not because of the “war” but because people are sick of government not listening.
They certainly should have standing because the 'damage' is that the people of California were not allowed to amend their own state constitution, no matter what that change was.
We are Ruled, not governed.
When that happens, get ready for hell.
“Calif. won’t appeal Prop 8 ruling (and judge says regular citizen have no standing)”
Great decision!!!! One would guess Californians have the right to marry their dog, their horse or their chimp etc. What a country!!
It took the Founders 25 years - 1750 to 1775 - to organize, make plans and find leadership before taking on the British Crown.
Conservatives sat on their fat butts for 40 years and allowed the left to take over nearly institution. I worked in local government for 10 years, and it was near impossible to persuade conservatives to show up for local village meetings. The years from 1970 to 2006 were the decades of conservative apathy. Patriots are starting to move, but they have a lot of catching up to do.
It’s weird, but I actually find myself thinking that it’s better for California to have same-sex marriage than for this to go all the way to the Supreme Court and result in another Roe v. Wade monstrosity, this time deciding that same-sex marriage is a constitutional right in all 50 states.
I’m all for a mass march on Washington DC,That a US constitutional amendment banning ,invalidating gay marriages
They're creating another Valdemar Republic. Perversion hit an all time high back then, because of the hopelessness and despair surrounding the socialist economy. It was used as a distraction from what the leaders had done to the people. When the people were drugged up and busy with kinky sex, they didn't notice or care about anything else going on around them.
California, the home of every unclean thing of the earth, is the new Valdemar Republic. Legalize drugs, and push for more sexual dysfunction. Never mind the economy. Indulge, indulge, indulge!
This is why God placed that San Andreas fault where he did. It'll be a nice, clean cut when the country finally says "enough" and starts praying again.
so 52.3% of voters who voted for the prop have no legal standing,.......why bother voting if thats the case.
Isn’t the prejudicial nature of allowing more gay marriages while the proposition itself is appealed damage? (Legally)
I’m no lawyer, of course, but it seems that damaging another legal case should count as damages.
California is a tyranny.
Any Judge who issues a socially destructive immoral decision like this should be impeached, removed from office and then disbarred.
This ruling after the fact “unconstitutional” crap has happened multiple times regarding these initiatives in California now. I’ve never understood why the Constitutionality of initiatives wasn’t determined prior to the vote.
IN THIS CASE the Judge is a known homosexual, and should have recused himself, or his participation as the ruling Judge on the matter challenged due his known bias. I still believe something should be done regarding the Judge’s bias.
Yes I agree a straight Judge could be biased as well, but he/she wouldn’t be sitting there ruling with their hand on their crotch dreaming of that evening’s romp at the local bath house either.
IT is inevitable that this will go to SCOTUS anyway. Even if California doesn’t appeal to the 9th circuit, there will probably be gays moving to other states and they will demand that other states recognize their relationships legally too. This will result in another case going to the Supreme Court based on the Full Faith and Credit Clause which is much more of a slam dunk for the anti marriage forces than the pathetic progressive reasoning behind Judge Walker’s decision to strike down Prop.8. I guess, the only thing that you can hope for is that such a future case comes in a venue more favorable to real marriage. People need to stand up and fight this decision. Don’t take it sitting down.
Wake up, America. This isn’t just the destruction of the most fundamental building block of our civilization, the institution of marriage. This is the willful destruction of our entire form of republican self-government, upon which your liberty depends.
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