{"id":12304,"date":"2010-08-12T17:54:51","date_gmt":"2010-08-12T17:54:51","guid":{"rendered":""},"modified":"2010-08-12T17:54:51","modified_gmt":"2010-08-12T17:54:51","slug":"prop-8-marriages-might-resume-soon","status":"publish","type":"post","link":"https:\/\/calitics.com\/index.php\/2010\/08\/12\/prop-8-marriages-might-resume-soon\/","title":{"rendered":"PROP 8: Marriages *Might* Resume Soon"},"content":{"rendered":"<p>Judge Walker just issued his order denying the Prop 8 supporters&#39; motion to stay judgment pending appeal.  Unfortunately, however, Judge Walker ordered the Clerk to wait until ____ before entering the Judgment.&nbsp; This gives the Prop 8 Proponents time to go to the Ninth Circuit Court of Appeal and ask it to stay Judge Walkers ruling.  <\/p>\n<p>Read the decision here.  <img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/amyking.files.wordpress.com\/2008\/05\/phyllis-lyon-and-del-martin-in-2004.jpg\" border=\"1\" alt=\"Phyllis Lyon and Del Martin wed in 2004\" title=\"Phyllis Lyon and Del Martin wed in 2004\" hspace=\"10\" vspace=\"10\" width=\"250\" height=\"146\" align=\"right\" \/><\/p>\n<p>The Recorders in several California counties were prepared for this, and they are ready to begin issuing marriage licenses to all couples.  Some&#8211;like San Francisco&#39;s <a href=\"http:\/\/www.philting.com\/\">Phil Ting<\/a>&#8211;have arranged to keep their offices open late and on weekends to ensure all couples have the chance to get their license.<\/p>\n<p>A quick recap for anyone tuning in to this show already in progress.&nbsp; Last Wednesday, August 4th, District Court Judge Vaughn Walker <a href=\"https:\/\/calitics.com\/diary\/12248\/prop-8-overturned\">issued a decision<\/a> declaring that Proposition 8 violates the Due Process Clause and the equal protection rights in the U.S. Constitution.&nbsp; Even before Judge Walker issued his decision, the proponents of Prop 8 filed a motion asking the Court to put a hold on&#8211;or to &#8220;stay&#8221;&#8211;its decision while the Prop 8 proponents try to appeal the decision to the Ninth Circuit Court of Appeals.&nbsp; Judge Walker decided that he would issue a temporary stay for just a few days until he ruled on the Motion to Stay.&nbsp; All of the actual parties to the case&#8211;the Plaintiffs who want to get married, the Attorney General, and the Governor&#8211;<a href=\"https:\/\/calitics.com\/diary\/12268\/ag-and-guv-ask-court-to-let-marriages-resume\">filed papers telling the Court they they did not want a stay<\/a>; that they wanted marriages to resume immediately.&nbsp; The only person asking is the Proponent of Prop 8, and they are not a party and <a href=\"https:\/\/calitics.com\/diary\/12276\/prop-8-stay-standing\">may not even have standing to pursue an appeal<\/a>. <\/p>\n<p>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&#39;s decision.  <\/p>\n<p>At least for now&#8211;for the first time since November 2008&#8211;gay and lesbian couples are treated equally by the State of California.  Mazel tov to all the couples who get married!<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Judge Walker just issued his order denying the Prop 8 supporters&#39; motion to stay judgment pending appeal.  Unfortunately, however, Judge Walker ordered the Clerk to wait until ____ before entering the Judgment.&nbsp; This gives the Prop 8 Proponents time to go to the Ninth Circuit Court of Appeal and ask it to stay Judge Walkers ruling.  <\/p>\n<p>Read the decision here.  <img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/amyking.files.wordpress.com\/2008\/05\/phyllis-lyon-and-del-martin-in-2004.jpg\" border=\"1\" alt=\"Phyllis Lyon and Del Martin wed in 2004\" title=\"Phyllis Lyon and Del Martin wed in 2004\" hspace=\"10\" vspace=\"10\" width=\"250\" height=\"146\" align=\"right\" \/><\/p>\n<p>The Recorders in several California counties were prepared for this, and they are ready to begin issuing marriage licenses to all couples.  Some&#8211;like San Francisco&#39;s <a href=\"http:\/\/www.philting.com\/\">Phil Ting<\/a>&#8211;have arranged to keep their offices open late and on weekends to ensure all couples have the chance to get their license.<\/p>\n<p>A quick recap for anyone tuning in to this show already in progress.&nbsp; Last Wednesday, August 4th, District Court Judge Vaughn Walker <a href=\"https:\/\/calitics.com\/diary\/12248\/prop-8-overturned\">issued a decision<\/a> declaring that Proposition 8 violates the Due Process Clause and the equal protection rights in the U.S. Constitution.&nbsp; Even before Judge Walker issued his decision, the proponents of Prop 8 filed a motion asking the Court to put a hold on&#8211;or to &#8220;stay&#8221;&#8211;its decision while the Prop 8 proponents try to appeal the decision to the Ninth Circuit Court of Appeals.&nbsp; Judge Walker decided that he would issue a temporary stay for just a few days until he ruled on the Motion to Stay.&nbsp; All of the actual parties to the case&#8211;the Plaintiffs who want to get married, the Attorney General, and the Governor&#8211;<a href=\"https:\/\/calitics.com\/diary\/12268\/ag-and-guv-ask-court-to-let-marriages-resume\">filed papers telling the Court they they did not want a stay<\/a>; that they wanted marriages to resume immediately.&nbsp; The only person asking is the Proponent of Prop 8, and they are not a party and <a href=\"https:\/\/calitics.com\/diary\/12276\/prop-8-stay-standing\">may not even have standing to pursue an appeal<\/a>. <\/p>\n<p>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&#39;s decision.  <\/p>\n<p>At least for now&#8211;for the first time since November 2008&#8211;gay and lesbian couples are treated equally by the State of California.  Mazel tov to all the couples who get married!<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[],"tags":[],"class_list":["post-12304","post","type-post","status-publish","format-standard","hentry"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack-related-posts":[],"jetpack_shortlink":"https:\/\/wp.me\/p6Pvhz-3cs","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts\/12304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/comments?post=12304"}],"version-history":[{"count":0,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts\/12304\/revisions"}],"wp:attachment":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/media?parent=12304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/categories?post=12304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/tags?post=12304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}