I know I don’t think California can ignore the District Court’s order.
However I do think California can hold their own officials in violation of the California constitution if they honor the District Court’s order and don’t get an appellate decision.
Maybe the proponents of Prop 8 can sue the California officials in California courts and force them to appeal it.
No they can't. Under the author's reading of the CA Constitution, the current situation is:
1. California officials may not enforce Prop 8, pursuant to the Federal Constitution (per the District Court's decision); but, 2. California officials must enforce Prop 8, pursuant to the California Constitution
California officials, therefore, face directly conflicting obligations under the California and Federal Constitutions. Under the Supremacy Clause, the answer is quite clear - where an official's obligations under a state law or Constitution conflict with the Federal Constitution, the Federal constitution wins out. You can't sue (well, you can sue, but won't win) to force a state official to take an action inconsistent with the Federal constitution.
"After a 12-day bench trial, the District Court declared Proposition 8 uncon- stitutional, permanently enjoining the California officials named as defendants from enforcing the law, and 'directing the official defendants that all persons under their control or supervision' shall not enforce it."
So, yeah, anyone can ignore or violate a court order, but they risk jail and daily fines.
I really believe it will take an Act of God to stop homosexual marriage in California.
I know I don’t think California can ignore the District Court’s order.
LEGALLY, if I’m not mistaken, the District Court’s order is only binding within that District (which I think is the Northern District of California).