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CALIFORNIA GAYS: Prop 8 Stay Lifted. Marriages Can Resume*!

Federal Judge Vaughn Walker ruled today to remove the temporary stay on his Prop 8 ruling, which means same-sex couples in California can start getting married again. It’s 2008 all over again!

CAN GAYS GET MARRIED NOW? Yes, after August 18 when Walker’s ruling formally takes effect — and so long as the Ninth Circuit Court of Appeals doesn’t intervene in the interim. In his original Prop 8 ruling, Walker said California officials cannot deny marriage licenses to same-sex couples. Then came the temporary stay, but that’s gone now.

ARE GAYS GETTING MARRIED NOW? Have you seen the lines? Los Angeles and San Francisco were among the places letting same-sex couples fill out paperwork in anticipation of the ruling. Now they get to formally submit it. But they’ll have to wait until Aug. 18 to secure their marriage licenses.

WHAT ABOUT YES ON 8’S APPEAL? That’s still moving forward to the Ninth Circuit Court of Appeals, which will initially be reviewed by a small panel of judges before moving to an en banc review (though in the Ninth Circuit, given its size, that doesn’t include all judges on the circuit). But in the meantime, Walker’s initial ruling is the law of the land.


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. Doc #705. The clerk is DIRECTED to United States District Court For the Northern District of California enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.

Meet Roger Hunt and Rod Wood, the first couple in line in San Francisco.

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