Judge Walker just issued his order denying the Prop 8 supporters' motion to stay judgment pending appeal. Unfortunately, however, Judge Walker ordered the Clerk to wait until ____ before entering the Judgment.  This gives the Prop 8 Proponents time to go to the Ninth Circuit Court of Appeal and ask it to stay Judge Walkers ruling.

Read the decision here.

The Recorders in several California counties were prepared for this, and they are ready to begin issuing marriage licenses to all couples. Some–like San Francisco's Phil Ting–have arranged to keep their offices open late and on weekends to ensure all couples have the chance to get their license.

A quick recap for anyone tuning in to this show already in progress.  Last Wednesday, August 4th, District Court Judge Vaughn Walker issued a decision declaring that Proposition 8 violates the Due Process Clause and the equal protection rights in the U.S. Constitution.  Even before Judge Walker issued his decision, the proponents of Prop 8 filed a motion asking the Court to put a hold on–or to “stay”–its decision while the Prop 8 proponents try to appeal the decision to the Ninth Circuit Court of Appeals.  Judge Walker decided that he would issue a temporary stay for just a few days until he ruled on the Motion to Stay.  All of the actual parties to the case–the Plaintiffs who want to get married, the Attorney General, and the Governor–filed papers telling the Court they they did not want a stay; that they wanted marriages to resume immediately.  The only person asking is the Proponent of Prop 8, and they are not a party and may not even have standing to pursue an appeal.

Unfortunately the window on equal marriages may close quickly. The Prop 8 supporters will be asking the Ninth Circuit to issue a stay. Although the arguments and the applicable law are the same as Judge Walker addressed, the Ninth Circuit will make its own determination and it is not bound by Judge Walker's decision.

At least for now–for the first time since November 2008–gay and lesbian couples are treated equally by the State of California. Mazel tov to all the couples who get married!