SAN FRANCISCO, (KCBS)_ Chief Judge Vaughn Walker who ruled last week that Proposition 8 is unconstitutional denied a motion today from the measure’s supporters to stay his ruling.

He says they will not be harmed by allowing same-sex marriage, but gay couples would be if their right to marriage is denied any longer.

However, his ruling would not go into effect until 5 p.m. Wednesday, August 18th, giving proposition 8 proponents time to appeal. If the appeals court fails to act by 5 p.m. local time next Wednesday, then gay marriages can go forward.

Dozens of gay couples gathered outside City Hall in San Francisco on Thursday to hear the judge’s ruling.

Click to listen

San Francisco City Attorney Dennis Herrera, who opposes Prop. 8, applauds the judge’s decision.

“There’s no more reason to deny people their constitutional rights. I think that’s why Judge Walker came down the way he did,” said Herrera.

Jim Campbell with the pro Prop. 8 Alliance Defense Fund, is already asking the Ninth Circuit U.S. Court of Appeals to overrule Judge Walker and extend the stay.

“The protect legal team will immediately appeal, but I think our response here is that this case has just begun,” stated Campbell.

That remains to be seen.

University of San Francisco Law Professor Julie Nice pointed to a significant passage in today’s decision where the judge doubts that the Prop. 8 defendants will even be heard by the appeals court since the actual defendants; Gov. Schwarzenegger and Attorney General Jerry Brown are declining to defend Prop. 8 and want same-sex marriage to resume.

“Because no state defendant has appealed Judge Walker’s ruling, it’s not at all clear that the proponents of the initiative have standing to continue with this case on their own,” observed Nice.

Many believe the case is destined for the Supreme Court.

Comments (22)
  1. Roy Querol says:

    Same-sex marriages are abnormal sexual behavior. Just be frank imagine, two penises or vaginas getting hitch! Can you call this normal? Can they produce a real family?
    Our judges and politicians are corruptedly influenced of their abnormal thinking. Our society created abnormal to be normal.
    If abnormal same-sex marriages be approved then voters wills are not respected and called us the abnormal States.

    1. Wendy Davis says:

      Roy Querol:
      1. Your disturbing interest in what people do in their bedroom is “abnormal sexual behavior” Please stop fantasizing about other people’s intimate lives.
      2. If you believe that marriage is only for naturally reproducing children, then I insist you renounce the right for elderly and disabled people to marry.
      3. Please review the political atmosphere when segregation was abolished. It would have been voted down too. However I presume you disagreed with that decision as well.

      1. Sam Marines says:

        Wendy, if you can’t post an intelligent comment without taking a jab at another commenter, please don’t post at all–it’s immature and just plain silly. First, the ban was voted down by voters–but I guess that’s not good enough; so now same-sex marriages may be something that is shoved down the throats of Californians, even though clearly and fairly the voting majority in our great state DO NOT WANT IT! They don’t want it for several reasons. Independent of whether the people who do want same-sex marriages are mental- or biological-defects or both, I primarily have a particular mindset first of the children in my life who are impressionable—I don’t want them exposed especially at an early age to UN-WANTED practices in my local community. The people who want to practice this can always live some place else where they can practice this—they should just leave, because they are outcasts anyway and they know it! Thumbs down to this issue.

    2. No H8 says:

      Prop 8 isn’t about sex, it’s about marriage. Judge Walker got it right: just because it makes *you* feel uncomfortable is not a reason to deny rights to others. You probably cringe thinking about miscegenation (that word too big for you?). And as for Baltezore, let me get this straight: only straight people are unbiased? Wow, I’m proud of California’s education system for producing you.

      The stay will be lifted.

    3. you mama says:

      yes it’s normal… your just mad CUZ your FAT like 360lbs and girls or guys dont want yOU!!! HATER…!!!

      1. Roy Querol says:

        You are a person who doesnt know what is right or wrong. You want wrong to be right.

    4. Gregg Keith says:

      Well Roy, as you know, you can put it just about anywhere, but I am sure you already know that. Interesting last name. Thanks for the input,one of my favorites Please come back and post some more.

  2. Baltezore says:

    The ruling for prop. 8 should remain as is due to judge who’s Gay is a bias judgement.

    1. Allen says:

      Does Baltezore’s comment imply that all previous negative rulings about Gay rights are baised whenever they were issued by a non-Gay judge

    2. Dan says:

      How can a straight judge be any different?

  3. Becky says:

    Roy–gee, guess you and your spouse never have anything but missionary sex, eh? If you think marriage is just about ‘producing a family’, then let’s institute fertility tests, and if you don’t have a kid within 3 years, your marriage will be null and void, you ok with that? And let’s outlaw divorce. I second Wendy Davis’ comments too.

    Regarding the stay, given the divorce rates in this country, all marriage is uncertain. Even if the Courts later void Judge Walker’s decision, and void marriages that happen if he lifts the stay, marriages happening after the stay is lifted are no more or less certain than all marriage.

    And Baltezore, by your reasoning, only a eunuch could have decided this case. A hetero would have been biased the other way, right? And with minority defendants, no minority judges. Women as parties to a case? No women judges.

    I realize that Roy and Baltezore are not too educated or bright, but, let’s get real….they are scared of change.

  4. Becky says:

    Sam, you are so funny. You jab at Wendy. Go read the judge’s decision….the majority does not, under our Constitution, have the right to deny the minority rights. And SCOTUS cases have held that marriage is a fundamental right. You cannot discriminate, under law, on the basis of orientation or gender, either. Put those two things together and Prop 8 got overturned. Read the decision. I don’t care what the alleged ‘majority’ says…the majority in Alabama in 1960 wanted to maintain Jim Crow. You ok with that?

    As for your kids, I don’t want my kids exposed to bigots, yet there you are. Bigotry and hate are things we should not let our kids see.

  5. Becky says:

    Stay lifted! I am crying, crying…so happy.

  6. AJ Buttacavoli says:

    Hear them bells!

  7. Dan says:


  8. John says:

    It saddens me to know that there are mean and hateful people in California who are comfortable with denying one of our basic human characteristics–to love another person and want to be married to him/her. I don’t see how my being married to my male partner in any way infringes upon your rights. I didn’t tell you which man or woman you might marry, so don’t tell me.

    As for a “real family” to quote Mr. Querol, what does that mean. Does that mean that if a hetero couple adopts a child it isn’t a real family? Does that mean that when divorced parents remarry and bring together a blended family that isn’t a “real family?” Roy you are so far out in left field you are in the middle of a basketball game.

    1. Roy Querol says:

      Homosexual couples with kids or adopted, confusion rings a bell of two mommies or daddies in the house. How children can comprehend where they came from? Can parents create kids of the same sex? Pity them, will be a borne of jokes in schools.
      Why not use your natural resources to a natural used for opposite sex?

      1. Hunani says:

        Oh hi Roy. Glad to have you back. I used to feel the same way about same sex couples and their children being teased in school. No doubt, children can be cruel. Thinking back though, the kids that got picked on other children perceived as stupid. I think this is cruel as well. Just wondering, did this happen to you? I don’t necessarily think someone is stupid because they can’t write a coherent sentence.

        I do get the meaning of what you are trying to say. Can two women have a biological child together with both of their DNA, I don’t think so, not yet. Can two men find a place to put their members in one or the other and produce a biological baby? Not yet I don’t think. Although their was a movie where our guv Arnold got pregnant, maybe that experience is why he switched sides.
        Can gay couples rear an emotionally healthy child by whatever means that child is conceived. All the experts say yes, but that’s just science.
        Roy, I know no one is going to change your mind. To me the point is, is their an inherent right to marry the person you love, I think the constitution says yes. I think basic human decency says yes.
        Just a little advice, try not to dwell on genitals so much, it isn’t healthy. I mean you will get so worked up you will see vagina’s in a blooming flower or penis’s when a jet flies over, why, you will make yourself crazy.
        Best to you.

  9. Johnson Earls says:

    Is there a place to read the judge’s actual ruling?

    1. DNS1 says:

      Here you go, Johnson Earls.

      This is a great day. Congratulations to everyone – even those who can’t yet see how right this is. You’ll get there – or maybe your kids.

  10. Hunani says:

    Well Roy, you can put it just about anywhere. Something tells me you already know that. Interesting last name, give you a complex? Sorry, just trying to understand. Well, I do hope you post some more. How about abbeynormal States. But then again, even Frankenstein had the right to get married in the end. Oh, Sweet Mystery Of Life!

  11. CALIFORNIA says:


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