Proposition “H8” Stayed on Appeal
United States District Judge Vaughn Walker ruled on August 4, 2010 that California’s Proposition 8—the voter-passed constitutional amendment that re-banned same-sex marriages—is unconstitutional. Ruling that there is no “rational basis” for the existence of Proposition 8, Judge Vaughn Walker stated that Prop 8 was entered into the state constitution with the reason of expressing “moral disapproval” of gay people, which is not an allowable government action.
In the “Conclusion” of the August 4, 2010 Order, Walker writes:
Kate Kendell, executive director of the National Center for Lesbian Rights, commented, “Using the Prop 8 proponents’ own outrageous and inflammatory words, ads and e-mails, the plaintiffs powerfully demonstrated that Prop 8 was a direct product of hostility, fear-mongering and demonization of lesbians and gay men.”
In the Stay Order Entered on August 12, 2010, Chief Judge Vaughn Walker denied a motion to stay his judgment pending appeal, which meant that same-sex marriages in California could have started August 18 at 5 PM, assuming the Ninth Circuit didn’t grant a stay.
On August 16, however, the Ninth Circuit Court of Appeals did just that. This loss for the anti-Prop 8 side is mitigated by the expedited briefing schedule, which was asked for as alternative relief to a denial of the stay. Oral arguments are now set for the week of December 6, 2010.
