Judge Vaughn R. Walker on Thursday denied anti-marriage equality forces' attempts to halt marriages for same-sex couples pending appeal, but extended a temporary stay to August 18, allowing Prop. 8 supporters time to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit.
Some city clerks in California had already given notice that they would be performing ceremonies if the stay was immediately lifted.
Though he put a temporary stay on his judgment last week, Walker wrote in his opinion in the case that "California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result[.]"
"Moreover," Walker wrote, "California officials have chosen not to defend Proposition 8 in these proceedings."
Walker ruled last week that the 2008 ballot measure violated both equal protection and due process clauses of the U.S. Constitution.
"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," Walker wrote in a decision deemed by many legal observers to be both straightforward and breathtaking in its scope.
Prop. 8 proponents have appealed the decision to the U.S. Court of Appeals for the Ninth Circuit.
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