Update: Walker's decision has been posted here. It concludes with:
The temporary stay, which Walker imposed almost immediately after striking down Prop 8, has effectively prevented the ruling from going into effect. Walker wanted to give the plaintiffs and defendants a chance to file motions supporting or opposing a more permanent stay, which both sides did late last week. The case will now almost certainly be appealed to the 9th Circuit, which has already set its briefing schedule in the case for November and December of this year. The 9th Circuit could itself stay the decision at any time, which would restore Prop 8 while the appeals process moves forward. But for now, it looks like gay marriages could resume as early as next week in California.
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. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.So, looks like 6 more days of waiting? We've updated this post accordingly. Stay tuned... **** According to KGO Radio, LAist, and other sources, District Judge Vaughn Walker has just announced his decision to lift his stay on last week's ruling overturning Prop 8, meaning same-sex marriages in California will be allowed to resume August 18th at 5pm.
The temporary stay, which Walker imposed almost immediately after striking down Prop 8, has effectively prevented the ruling from going into effect. Walker wanted to give the plaintiffs and defendants a chance to file motions supporting or opposing a more permanent stay, which both sides did late last week. The case will now almost certainly be appealed to the 9th Circuit, which has already set its briefing schedule in the case for November and December of this year. The 9th Circuit could itself stay the decision at any time, which would restore Prop 8 while the appeals process moves forward. But for now, it looks like gay marriages could resume as early as next week in California.
