Judge Could Lift Stay on Prop. 8 Within Days

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.

  • http://kxnt.cbslocal.com/2010/08/06/judge-could-lift-stay-on-prop-8-within-days/ Judge Could Lift Stay on Prop. 8 Within Days « KXNT-AM
  • becky

    does the ninth circ get to stay the judgment on appeal? Does the SCOTUS?

  • crazy nia

    well i guess the wedding industry in whole will benefit, maybe this will help improve the economy lol

  • Rick S.

    Lift the Stay! The earth will not rotate backwards.
    Everyone will be just fine. Justice for all.

    • becky

      spot on, Rick. 18000 marriage in CA alone…things are just fine. My 36 year marriage (hetero) was not affected at all.

  • Mr.C

    This is ridiculous…why did we have a vote in the first place! Did my vote against prop 8 not count?

    • becky

      Mr. C, I suggest (strongly) that you read the judge’s opinion. Your vote for something that is prohibited by the Constitution does not count, that is correct. The majority does not get to deny minorities their rights.

    • Cie

      Yes. It counted the number of bigots in the state.

      • becky

        remember that during the trial, the Prop 8 supporters did not want to testify because they would have to reveal who they were…so proud of their opinions, they hide. LOL.

  • milosi

    I have never voted for Proposition 8 and Gay Marriage.

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