Judge Could Lift Stay on Prop. 8 Within Days

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SAN FRANCISCO (KCBS)_ Supporters of same-sex marriage have until midnight tonight to file their challenge to a temporary stay of a judge’s ruling striking down Proposition 8.

 A federal judge could decide in a matter of days whether to lift a temporary stay on his ruling that California’s ban on same-sex marriages is unconstitutional.

 If the stay is lifted, then same-sex wedding ceremonies could resume across California.

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 But Alliance Defense Fund Senior Legal Counsel Austin Nimocks says that would only be a repeat of two years ago when similar marriages took place before voters approved Prop 8.

 “I don’t think Californians want to go through that again with uncertainty and confusion about what is and what’s not.  So the safe thing to do is issue a stay, maintain the status quo while the case is reviewed on appeal,” said Nimocks.

 As for the plaintiff’s attorney, David Boies says he doesn’t know whether Judge Vaughn Walker will lift the stay.

 “Judges can go either way.  On the other hand he’s held pretty clearly that this is a serious deprivation of constitutional rights,” said Boies.   

 Meanwhile, the 9th U.S. Circuit Court of Appeals has set a schedule for the case that calls for final written briefs to be filed in late December.

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