About Prop 8
- Was passed in Nov 2008, overturned because of group activists through entire state, Aug. 4
- Judge Vaughn Walker asked CA to recognize gay relationships for what they are and issued a “stay” of allowing marriages expected to be overturned
- Allows CA to fulfill constitutional obligation to provide marriages on equal basis
- Protection under Family Law statues (your expertise)
- Gay couples have the same capacity to love a child as a straight couple
- Best interest of any child is to have two parents period
- Straight married friend said, “Gay couples have a right to be just as miserable as the rest of us married folk!”
- John Heilman, Mayor of West Hollywood deputized six City Hall staffers so that they are ready to go today to marry up to 600 couples if/when Judge Vaughn Walker, gives the go-ahead that gay marriages may be officiated in California starting immediately.
- The WH Mayor has set aside Kings Road Park, 1000 Kings Rd., specifically for wedding ceremonies beginning this afternoon!
Debra Opri is a regular analyst on CNN providing top notch legal opinion on the latest breaking news. This time around, it is Prop 8.
Judge to rule on stay Thursday in Prop. 8 case -
The federal judge who overturned California’s same-sex marriage ban is set to rule Thursday on whether gay marriages should resume immediately in the state or await an appeals court’s input.
Chief U.S. District Judge Vaughn Walker announced late Wednesday that he would issue his decision by noon on requests to impose a stay that would keep Proposition 8 in effect while its sponsors appeal his decision.
The announcement came after lawyers for gay couples, California Gov. Schwarzenegger and Attorney General Jerry Brown filed legal motions Friday asking that same-sex marriages be allowed to resume immediately.
Those motions were filed two days after Walker struck down California’s voter-approved gay marriage ban as unconstitutional. In his 136-page decision, Walker said gay marriages should begin immediately, but agreed to suspend weddings until he could consider the legal arguments.
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 tied the knot.
Opponents of same-sex marriage said they want Proposition 8 to stay in effect until their appeal of Walker’s ruling is decided by higher courts.
They have argued in court papers that resuming gay marriage now would cause legal chaos if the U.S. 9th Circuit Court of Appeals or U.S. Supreme Court eventually reverse Walker’s ruling.
Santa Cruz County Clerk Gail Pellerin, president of the California Association of Clerk and Elected Officials, said county agencies that issue marriage licenses will be ready to serve same-sex couples whenever they get the green light.
Before deciding the case, Judge Walker heard 13 days of testimony and arguments.
Defense lawyers argued that the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
The judge dismissed the notion that gay Americans were seeking a new right as opposed to one already guaranteed them under the Constitution.
He said that preventing gays from marrying does nothing to strengthen heterosexual unions or serve any purpose that justifies the ban’s discriminatory effect.
“Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions,” the Walker wrote. “Like opposite-sex couples, same-sex couples have happy, satisfying relationships and form deep emotional bonds and strong commitments to their partners.”
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Just to let you know, I am a straight married man with a wife and kids. I posted this because I feel that the government should not be able to create laws on marriage between consenting adults. This belief is not limited to same sex marriage. – Brandon
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