NPR logo Calif. Same-Sex Marriages OK As Of Aug. 18: Judge


Calif. Same-Sex Marriages OK As Of Aug. 18: Judge

Teresa Rowe, Kristin Orbin

Same-sex couple Teresa Rowe, left, and Kristin Orbin, outside San Francisco City Hall on Aug. 12, 2009. Eric Risberg/AP hide caption

toggle caption Eric Risberg/AP

The federal judge who overturned as unconstitutional California's Proposition 8 ban on same-sex marriage lifted the stay on his decision, but delayed its effective date to Wednesday, Aug. 18.

The decision of U.S. District Judge Vaughn Walker doesn't end the matter, however, since it's expected that supporters of the ban will immediately appeal it to the Ninth Circuit Court of Appeals.

Walker's ruling means that state and local officials can prepare to once again start issuing marriage licenses to gay couples next week.

From the conclusion of Walker's denial of a continued stay:

The evidence presented at trial and the position of the representatives of the State of California show that an injunction against enforcement of Proposition 8 is in the public’s interest. Accordingly, the court concludes that the public interest counsels against entry of the stay proponents seek.

None of the factors the court weighs in considering a motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED.



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