You may have read that the ban on gay marriage was overturned on August 4, 2010 yet gay marriages did not resume right away. Because the opposition planned to appeal the decision, Judge Walker ordered a stay, or delay, to hear arguments for and against same-sex marriages resuming while awaiting the appeal.
On August 12, 2010 Judge Walker denied a new motion to extend that stay at which point same-sex couples should have been allowed to begin marrying. However, Judge Walker extended the effective date of that order to allow for the United States Court of Appeals for the Ninth Circuit (where the case is being appealed) to review the matter.
Kate Kendell, executive director of the National Center for Lesbian Rights was quoted as saying:
“It would be delightful to have marriages resuming this afternoon, but it is understandable why Judge Walker would want the Ninth Circuit to have an opportunity to review. We look forward to the resumption of marriages next week, not only based on principles of equality and fairness, but as affirmations of love and basic humanity.”Many people expected marriages to resume the next week, August 17th, 2010 just like Kate Kendell did.
However on August 17, 2010, the Ninth Circuit panel put gay marriage on hold again when they handed down an order to stay the original decision by Judge Walker to overturn the ban while placing the appeal on an expedited schedule to hear the case in December.
September 1, 2010 it was reported that a conservative group filed a motion asking that Gov. Arnold Schwarzenegger and Attorney General Jerry Brown be made to defend the law in federal court. The California Supreme Court then declined that motion and now Meg Whitman is saying she will defend Prop. 8 if elected in this coming election.
With Gov. Schwarzenegger out of the state, another plan was uncovered to enlist the acting Lt. Governor Abel Maldonado to defend the measure and file an appeal on the original case in federal court in the final days in which an appeal could be filed, and that was September 13, 2010.
While awaiting the final decision after the hearing in December you can still find plenty of Prop. 8 coverage online including major donations made by anti-gay advocates, noticeable silence on the part of pro-gay supporters, and other Prop. 8 accusations. An end to the whole situation is still not in sight.
About the Author: Julie Phineas is a work at home mom of 2 who lives in Southern California. You can find out more about her by visiting her website at www.juliephineas.com.