Marriage equality to return to California next Wednesday, by order of Judge Walker
Fantastic news... Judge Vaughn Walker has ruled that the stay of his decision striking down California's Proposition 8 will be lifted as of next Wednesday at five o'clock in the evening. The delay is meant to give opponents of marriage equality time to ask the 9th Circuit Court of Appeals for a stay.
If the appeals court opts not to override the cancellation of the stay (which it could do by simply refusing to act), gay and lesbian couples will be able to once again obtain marriage licenses in the Golden State in just a few days.
In his ruling, Judge Walker opined that foes of marriage equality do not have standing to bring an appeal, since Arnold Schwarzenegger and Jerry Brown are not interested in defending Proposition 8.
"As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the Court of Appeals will be able to reach the merits of proponents' appeal," he wrote.
Progressive organizations immediately applauded Walker's action.
"Same-sex couples across California can once again share in the respect and personal significance of marriage, as well as the critical safety net of protections and responsibilities that marriage will bring to their families," said Evan Wolfson, Executive Director of Freedom to Marry, in a statement sent to NPI.
"All Americans agree that weddings matter and marriage is the foundation of strong families. Families and the institution of marriage itself can only be strengthened by the inclusion of more committed couples bound by unconditional love and enduring partnership," added Rick Jacobs, the founder and chair of the Courage Campaign.
Firedoglake has a good summary of what to expect when the case reaches the 9th Circuit, where it will likely be first looked at by a three judge panel.
It is our firm hope that as of next Wednesday, marriage equality will return to California for good. This is a democracy; and for a democracy to remain a democracy, majority rule must exist in harmony with minority rights. Without the former we eventually get oligarchy; without the latter, we eventually get mob rule.
Proposition 8 is not only unconstitutional because it took away LGBT rights. It's also immoral. Its popularity in California is irrelevant.
As I have noted here many times in discussing Initiative 1053 and Initiative 960, just because an idea is popular doesn't mean it is legitimate. Democracy cannot be used to abolish democracy.
Achieving marriage equality is in keeping with all of the great civil rights advances that have been made over the years. Marriage between gay and lesbian couples does not threaten or harm any heterosexual marriage. The contention that the institution of marriage will be harmed if gays and lesbians are allowed to marry is indefensible. We're glad to see that a federal judge agrees.
If the appeals court opts not to override the cancellation of the stay (which it could do by simply refusing to act), gay and lesbian couples will be able to once again obtain marriage licenses in the Golden State in just a few days.
In his ruling, Judge Walker opined that foes of marriage equality do not have standing to bring an appeal, since Arnold Schwarzenegger and Jerry Brown are not interested in defending Proposition 8.
"As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the Court of Appeals will be able to reach the merits of proponents' appeal," he wrote.
Progressive organizations immediately applauded Walker's action.
"Same-sex couples across California can once again share in the respect and personal significance of marriage, as well as the critical safety net of protections and responsibilities that marriage will bring to their families," said Evan Wolfson, Executive Director of Freedom to Marry, in a statement sent to NPI.
"All Americans agree that weddings matter and marriage is the foundation of strong families. Families and the institution of marriage itself can only be strengthened by the inclusion of more committed couples bound by unconditional love and enduring partnership," added Rick Jacobs, the founder and chair of the Courage Campaign.
Firedoglake has a good summary of what to expect when the case reaches the 9th Circuit, where it will likely be first looked at by a three judge panel.
It is our firm hope that as of next Wednesday, marriage equality will return to California for good. This is a democracy; and for a democracy to remain a democracy, majority rule must exist in harmony with minority rights. Without the former we eventually get oligarchy; without the latter, we eventually get mob rule.
Proposition 8 is not only unconstitutional because it took away LGBT rights. It's also immoral. Its popularity in California is irrelevant.
As I have noted here many times in discussing Initiative 1053 and Initiative 960, just because an idea is popular doesn't mean it is legitimate. Democracy cannot be used to abolish democracy.
Achieving marriage equality is in keeping with all of the great civil rights advances that have been made over the years. Marriage between gay and lesbian couples does not threaten or harm any heterosexual marriage. The contention that the institution of marriage will be harmed if gays and lesbians are allowed to marry is indefensible. We're glad to see that a federal judge agrees.
# Posted by Andrew : 12:59 PM
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