Will You Marry Me? On August 18th?!

So it looks like it’s really going to happen! Gay marriage will be legal in the state of California next Wednesday, August 18th! I can’t really rephrase the court happenings any better then Adam Brink from the Prop 8 Trial Tracker, so here you go. Read for yourself and maybe, just maybe plan a quicky wedding for next week? …. you better invite me!

UPDATE: From an article on 365 Gay, it sounds as if gay marriage is legal NOW!? ….. I’m not sure which article is most accurate but I’m going to guess it’s going to take a little bit of time. The 18th sounds a bit more realistic. But if it is legal NOW  …. well, geez …. we should celebrate!!!! And if it’s legal in LESS THEN A WEEK, then we should celebrate!!! Sounds like a win win to me.

BREAKING: Judge Walker to lift stay on Prop 8 ruling on August 18th

By Adam Bink

Just now, Judge Walker issued his ruling on the Motion to Stay. The ruling will be stayed until Wednesday, August 18th at 5 PM PST, after which time, same-sex couples can be married again in the state of California (unless another stay is issued by a higher court).

Docket Text:

ORDER by Judge Walker denying [705] Motion to Stay. The clerk is DIRECTED to 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. (vrwlc1, COURT STAFF) (Filed on 8/12/2010)

Another huge win following his decision that Prop 8 violates Equal Protection and Due Process clauses of the Constitution.

In response, Courage Campaign issued the following release:

FEDERAL JUDGE RULES SAME-SEX MARRIAGES MAY RESUME IN CALIFORNIA ON AUGUST 18

Jacobs: “Today, equality under the law has been restored for millions of loving families across California.“

Moments ago, Federal District Court Judge Vaughn Walker  ruled that the temporary stay of his ruling that California’s Proposition 8 is unconstitutional  will be lifted, effective August 18th.  Today’s order means that  in less than one week,  gay and lesbian couples can once again get married in California.

More than 18,000 California gay and lesbian couples were married prior to the passage of Proposition 8 in November of 2008.

In response to today’s ruling, Courage Campaign Founder and Chairman Rick Jacobs issued the following statement:

“Today’s ruling means that in less than one week, equality under the law will be restored for millions of loving families across California.  Lifting the stay is ultimately consistent with both legal precedent and the findings in this case.

Specifically, that every American  has a civil right to marriage, and that by depriving millions of families this right, Proposition 8 is unconstitutional. Judge Walker’s ruling affirms that the purpose of our judicial system is to protect our constitutional rights, not to take away those rights.

All Americans agree that weddings matter and marriage is the foundation of strong families.  Families and the institution of marriage itself can only be strengthened by the inclusion of more committed couples bound by unconditional love and enduring partnership.”

Developing…

UPDATE (12:57 PST): The ruling can be found here. I’ll be posting excerpts. Notable:

Because proponents fail to satisfy any of the factors necessary to warrant a stay, the court denies a stay except for a limited time solely in order to permit the court of appeals to consider the issue in an orderly manner.

UPDATE (12:59 PST): Some of you may have seen a post from Brian just up- we’re going to save that analysis for a bit later. You can continue using this thread to comment.

UPDATE (1:08 PST): A number of questions have come in on whether couples will be able to marry. The answer is likely, but not definite. Meaning, the 9th Circuit Court of Appeals has some breathing room to issue a stay- and that ruling may also be appealed to the  Supreme Court. At the 9th Circuit, a 3-judge panel would decide on the Motion to Stay- usually without a hearing, but a hearing is possible. If a Motion to Stay isn’t granted at a higher level, then yes, couples may marry come 5 PM on August 18th. As for a timeline, it could be as short as days to have a 9th Circuit decision.

UPDATE ON THIS: Justice Kennedy handles appeals for the 9th Circuit, and can rule on it himself, or refer it to the full Court.

UPDATE (1:17 PST): Another excerpt- and on this one, Walker is particularly right. The proponents’ claim is ridiclous.

Proponents claim that plaintiffs’ desire to marry is not “urgent,” because they chose not to marry in 2008. Doc #705 at 11. Whether plaintiffs choose to exercise their right to marry now is a matter that plaintiffs, and plaintiffs alone, have the right to decide. Because a stay would force California to continue to violate plaintiffs’ constitutional rights and would demonstrably harm plaintiffs and other gays and lesbians in California, the third factor weighs heavily against proponents’ motion.

UPDATE (1:21 PST): Walker hints at his thoughts on the standing of Prop 8 proponents to appeal:

The court provided proponents with an opportunity to identify a harm they would face “if an injunction against Proposition 8 is issued.”  Proponents replied that they have an interest in defending Proposition 8 but failed to articulate even one specific harm they may suffer as a consequence of the injunction….

If [] no state defendant appeals, proponents will need to show standing in the court of appeals. See Arizonans for Official English, 520 US at 67. Proponents’ intervention in the district court does not provide them with standing to appeal. Diamond, 476 US at 68 (holding that “Diamond’s status as an intervenor below, whether permissive or as of right, does not confer standing to keep the case alive in the absence of the State on this appeal”); see also Associated Builders & Contractors v Perry, 16 F3d 688, 690 (6th Cir 1994) (“The standing requirement * * * may bar an appeal even though a litigant had standing before the district court.”). The Supreme Court has expressed “grave doubts” whether initiative proponents have independent Article III standing to defend the constitutionality of the initiative. Arizonans for Official English, 520 US at 67.

UPDATE (1:25 PST): Over at Election Law Blog, Rick Hasen- an excellent commentator on SCOTUS and election law- notes the makeup of this month’s 9th Circuit 3-judge panel may not bode well for our opponents (this post was from August 3rd, so disregard the language referring to “tomorrow”).

How confident are Prop. 8 supporters that they are going to lose tomorrow, when Judge Walker issues his decision on constitutional issues? They’ve already filed papers asking for him to stay his ruling pending appeal (which is a prerequisite to seeking a stay in the Ninth Circuit). That stay request will be heard by a motions panel of the Ninth Circuit, which is made up this month of Judges Leavy, Hawkins, and Thomas. Not a great draw for Prop. 8 supporters. A stay request could go potentially to Justice Kennedy at the Supreme Court within days.

Thomas was short-listed by Obama for a SCOTUS nomination.

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