With liberty and justice for all....starting Wednesday (maybe)
photo by Justin Sullivan/Getty Images
Today Judge Vaughn R. Walker denied a request for a stay on his ruling overturning Proposition 8, but don't expect wedding bells yet. Despite queues of same-sex couples at County Clerk's offices eager to purchase marriage licenses should the stay be lifted, Walker also stipulated that same-sex marriages cannot resume in California until 5:01 p.m. on Wednesday August 18th.
The extra time is to allow Prop 8 proponents to appeal to the Ninth Circuit, who may rule to keep the stay in place indefinitely. It is also possible that the proponents will direct an appeal the the U.S. Supreme Court should their request for a stay be denied by the Ninth Circuit. For a detailed analysis of the possibilities, see this article by Brian Devine of Prop8TrialTracker.com.
The ruling itself casts grave doubts on the proponents' chances of succeeding on appeal due to the lack of evidence of harm and the probability that they do not have standing to appeal under Article III (explained in greater detail here.)
Walker writes that "...in light of those concerns, proponents may have little choice but to attempt to convince either the Governor or the Attorney General to file an appeal to ensure appellate jurisdiction. As regards the stay, however, the uncertainty surrounding proponents’ standing weighs heavily against the likelihood of their success. Even if proponents were to have standing to pursue their appeal, as the court recently explained at length the minimal evidence proponents presented at trial does not support their defense of Proposition 8."
So will there be gay weddings next Wednesday? It's unclear. It's possible the higher courts will disregard Walker's dateline and take longer to consider the stay request; however, because this case is of such great public interest both the Ninth Circuit and the Supreme Court could choose to expedite their rulings.
Even if the stay is lifted and marriage equality resumes in CA, if proponents are granted standing to appeal there is still the possibility that Walker's Prop 8 ruling will be overturned higher up the legal food chain. If the higher courts decide Prop 8 proponents do not have standing, Walker's decision becomes the law of the land and marriage equality will reign once more in sunny California.
For now, it's still wait and see. Hope to see you next Wednesday.....perhaps a Big Wednesday with a bridal wave!
Until next time, a sweet and long life to you all.
National Wedding and Marriage Examiner Elizabeth Oakes welcomes your feedback at weddingexaminer@gmail.com; please share this story or subscribe by clicking on the Tweet This! button at the top of this column or the "Share This!" button below, or read more of Elizabeth's stories by clicking here.
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