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If Judge Vaughn Walker Declares Prop 8 Unconstitutional, How Long Before Californians Can Get Gay Married Again?

It could be immediately, or it could be never. It’s up to Vaughn!

Today’s closing arguments in Perry v. Schwarzenegger bring us one step closer to striking down Prop 8, though you’d be a fool for not expecting the case to be appealed to the Supreme Court. While both sides will deliver their final remarks before Judge Vaughn Walker today, there could be an additional delay before he issues his ruling.

But should he side with Olson-Boies, Walker’s ruling could come with the mandate that the state immediately begin issuing same-sex marriage licenses again. Or he could order the state to hold off until Protect Marriage, the proud defenders of discrimination, exhausts all available appeals, including reaching out to the Supreme Court, according to Christopher Stoll, senior staff attorney with the National Center for Lesbian Rights.

Then again, Walker’s ruling could go a very different way. If Protect Marriage has its way, Walker won’t just hold up Prop 8 as legal, but will invalidate the 18,000 existing same-sex marriage.

EARLIER:
5 Things We’ll Miss After The Prop 8 Trial Ends


  • 14 Comments
    • Rick Brannon
      Rick Brannon

      I LOVE being a second class citizen.

      Serve my country for a decade and don’t even get to enjoy the same rights as those whose I fought to protect, apparently.

      Or something.

      Jun 16, 2010 at 10:19 am · @ReplyReply to this comment ·
    • Andrew
      Andrew

      I’m readying myself for the worst…

      Jun 16, 2010 at 10:21 am · @ReplyReply to this comment ·
    • Fitz
      Fitz

      Don’t hire the wedding planner just yet—- it is very possible that he will not rule in our favor. If he does, it is very likely that the proH8 people will seek (and get) an injunction pending higher court review to prevent marriages happening until that review. This is the fucked up cards we have been dealt. Mormons, Old people, and ethnic minorities stole our rights.

      Jun 16, 2010 at 10:30 am · @ReplyReply to this comment ·
    • Aaron
      Aaron

      Do not for one minute think that the judge cares. He doesn’t. Right now, he is merely weighing the political pros and cons of making his decision. Which decision will benefit HIM the most. That’s all there is to it.

      Jun 16, 2010 at 10:51 am · @ReplyReply to this comment ·
    • jason
      jason

      When do we get to hear how he rules?

      I have a Black man I’d been intimate with five dollars for gas. He never repaid be and he then voted FOR Prop. 8.
      My life has forever changed.

      Lady Gaga is just pretending to be bisexual.

      Sometimes I go to the drugstore in high heels.

      Jun 16, 2010 at 11:22 am · @ReplyReply to this comment ·
    • Sam
      Sam

      @jason: Drink your juice, Shelby. Shelby! Drink your juice.

      Jun 16, 2010 at 2:50 pm · @ReplyReply to this comment ·
    • JamesStone
      JamesStone

      I still don’t understand how the MAJORITY can put the MINORITIES rights on a ballot and vote them away???? AND!!! I still don’t understand how the Mormon and Catholic churches can keep their tax exempt status after giving tons of $$$ to influence a ballot initiative??? Are the courts asleep at the wheel or what???

      I am tired of being a second class citizen in my own country!!!!

      Jun 16, 2010 at 6:00 pm · @ReplyReply to this comment ·
    • judybrowni
      judybrowni

      I’ve read the transcript of the closing remarks, and the Judge seemed impatient with the Prop 8 defenders for their, well, lack of any evidence what-so-frigging-ever.

      Judges are funny that way: they like evidence, and witnessess and supporting laws and stuff.

      All of which went missing from the bigots’ side of the argument.

      And apparently, one of their witnesses (one of the only two to show up to testify for the bigots) ending up supporting the arguments of the other side.

      Unlikely this Judge will rule in favor of Prop 8.

      Jun 16, 2010 at 8:22 pm · @ReplyReply to this comment ·
    • D'oh, The Magnificent
      D'oh, The Magnificent

      @judybrowni: In fairness to the pro-8 people, they come with the facts they have. Lawyers are not magicians despite what tv tells you.

      Jun 16, 2010 at 9:25 pm · @ReplyReply to this comment ·
    • hyhybt
      hyhybt

      @D’oh, The Magnificent: Yes, but if they don’t have any facts, they should stay home in the first place.

      I still can’t get over “you don’t need to see evidence on this”. He at least could have pointed at something and *pretended* it supported his case…

      Jun 16, 2010 at 11:03 pm · @ReplyReply to this comment ·
    • DR (the real one, not the guy who made post #12)
      DR (the real one, not the guy who made post #12)

      D’oh, even a first-year law student could have picked apart the Defendant’s case. It was an awful assemblage of wanna-be’s and ill-qualified experts. Let’s not give credit for that, please.

      As for the case itself, I’m cautiously optimistic. We have a couple of great attorneys on our side, and I’m confident that if this goes to the Supreme Court, there is going to be one hell of an argument. And let’s face it folks, like it or not, this will go to the US Supreme Court.

      Jun 17, 2010 at 8:27 am · @ReplyReply to this comment ·
    • B
      B

      No. 7 ยท JamesStone wrote, “I still don’t understand how the MAJORITY can put the MINORITIES rights on a ballot and vote them away????”

      It’s because the California Constitution makes it it possible for voters to introduce an amendment to it and pass that amendment by a simple majority.

      Someone didn’t notice the risk when the initiative process was introduced.

      Jun 17, 2010 at 11:30 pm · @ReplyReply to this comment ·
    • MD_LA
      MD_LA

      Seriuosly?

      I was hoping Walker would throw out Prop 8. I was expecting that NOM would appeal (and no other same-sex marriages would be allowed to occur).

      But I never, ever thought of the alternative. You mean, after all this time, I may STILL have my marriage voided? Seriously?

      I/WE are very nervous after reading this. My husband relies on my medical benefits. We have SEVERAL legal contracts drawn (hear in CA) based on our CA marriage. I NEVER, EVER foresaw this conclusion.

      Does anyone know this to be absolutely true? Can Walker really invalidate our marriage?

      Jul 31, 2010 at 8:58 pm · @ReplyReply to this comment ·
    • James
      James

      Come on people, open your eyes! Stop discriminating against others! We are all here together. STOP THE H8

      Aug 3, 2010 at 7:41 pm · @ReplyReply to this comment ·

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