The federal judge who overturned California's same-sex marriage ban has more bad news for the measure's sponsors: he not only is unwilling to keep gay couples from marrying beyond next Wednesday, he doubts the ban's backers have the right to challenge his ruling.
Chief U.S. District Judge Vaughn R. Walker on Thursday rejected a request to delay his decision striking down Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he's not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling.
By contrast, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying, Walker said.
The ban's backers "point to harm resulting from a 'cloud of uncertainty' surrounding the validity of marriages performed after judgment is entered but before proponents' appeal is resolved," he said. "Proponents have not, however, argued that any of them seek to wed a same-sex spouse."
Walker gave opponents of same-sex marriage until Aug. 18 at 5 p.m. to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriages should start before the court considers their broader appeal. Their lawyers filed an request asking the 9th Circuit to intervene and block the weddings on an emergency basis late Thursday.
They argued the appeals court should grant a stay of Walker's order requiring state officials to cease enforcing Proposition 8 "to avoid the confusion and irreparable injury that would flow from the creation of a class of purported same-sex marriages."
Depending on how the 9th Circuit rules, same-sex couples could begin tying the knot in California as early as next week or be put off while the appeal works its way through the court and potentially the U.S. Supreme Court as well.
California voters passed Proposition 8 as a state constitutional amendment in November 2008, five months after the California Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had married.
In refusing to suspend his ruling for more than a few days, Walker agreed with the lawyers who sued to strike down the ban that it's unclear if Proposition 8's sponsors have legal standing to appeal.
Chief U.S. District Judge Vaughn R. Walker on Thursday rejected a request to delay his decision striking down Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he's not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling.
By contrast, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying, Walker said.
The ban's backers "point to harm resulting from a 'cloud of uncertainty' surrounding the validity of marriages performed after judgment is entered but before proponents' appeal is resolved," he said. "Proponents have not, however, argued that any of them seek to wed a same-sex spouse."
Walker gave opponents of same-sex marriage until Aug. 18 at 5 p.m. to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriages should start before the court considers their broader appeal. Their lawyers filed an request asking the 9th Circuit to intervene and block the weddings on an emergency basis late Thursday.
They argued the appeals court should grant a stay of Walker's order requiring state officials to cease enforcing Proposition 8 "to avoid the confusion and irreparable injury that would flow from the creation of a class of purported same-sex marriages."
Depending on how the 9th Circuit rules, same-sex couples could begin tying the knot in California as early as next week or be put off while the appeal works its way through the court and potentially the U.S. Supreme Court as well.
California voters passed Proposition 8 as a state constitutional amendment in November 2008, five months after the California Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had married.
In refusing to suspend his ruling for more than a few days, Walker agreed with the lawyers who sued to strike down the ban that it's unclear if Proposition 8's sponsors have legal standing to appeal.
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