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Judge Walker to rule on whether gay marriages in California can resume immediately

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  1. Simon Murphy 12 Aug 2010, 11:54am

    I don’t understand.

    Judge Walker said last week that the ban on equal marriage rights was unconsitutional.

    The decision was stayed while the fascists appealed to the Ninth Circuit Court of Appeal. The 9th Circuit Court of Appeal makes its decision today.

    So is it Judge Walker or the 9th Circuit Court of Appeal who decides whether same sex couples can start marrying again?

  2. @ Simon:

    Judge Walker will decide whether to let the ban stay in place while the parties appeal to the 9th Circuit. The anti-gay camp argues that the lifting of the ban would lead to a legal mess if the Supreme Court eventually decides to overturn Walkers decision. Which is a fair point, but I still think he’ll decide against it.

    So can we expect the decision around the same time as last week? 10 – 11 GMT?

  3. As the Governor and the Attorney General of California have (a) not defended the Court action (b) Are the actual Defendants in the Court Action, there is a question as to who can actually appeal this judgment.If it is the Governor and Attorney General who can only appeal, they will not bother to do it. The religious loonies may not have legal standing to actually appeal this judgment in the first place.

  4. Let’s hope some weddings are happening again very soon. There’s no logical reason to prevent them.

  5. de Villiers 12 Aug 2010, 5:15pm

    > The Ninth Circuit Court of Appeals comprises a mixture of 27 liberal and conservative judges, making it difficult to speculate on the outcome.

    Yes – because this is a question of politics rather than law.

  6. Simon you may not understand because the article is inaccurate/confusing. It says ‘Judge Walker agreed to place a stay on his ruling until the outcome of said appeal was decided.’ That’s misleading or wrong. I’m not sure which. We are waiting today for the outcome of a hearing granted by Judge Walker on the specific issue of whether his ruling should take effect immediately or be delayed until the anti gay marriage appeal is heard by the Ninth Circuit or even the Supreme Court.

  7. “In the event of the Court deciding in favour of reinstating same-sex marriage rights, the National Organisation for Marriage said they plan to take the case to the Supreme Court.”

    They say this, but they might not actually have the power to.
    Since the governor and the like are not challenging it, the question has been raised if it is even legal for them to keep challenging this. Or that is what below article said, basically…
    http://www.ebar.com/news/article.php?sec=news&article=4981

  8. Simon.Murphy 12 Aug 2010, 8:58pm

    NEWSFLASH: Gay couples can get married in California from August 18th. Judge Walker is lifting the stay on that date.

    Hurrah!

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