more Prop 8

Back form PLAND and still kinda processing it…  but felt inclined to comment immediately on Judge Walker’s recent announcement about the stay on his denial of the constitutionality of Prop 8.  He has lifted the stay he originally placed, or at least plans to come August 18th.  This is apparently to let supporters of Prop 8 have time to submit an appeal to the 9th circuit court.  At first that scared me a bit…  made me and perhaps a few others fear that Judge Walker was just punting this one over to the 9th circuit.  Which he kind of is.

But he does so with the expectation that the fact that the plaintiffs do not have the support of the governor or the attorney general they will have no grounds for an appeal and certainly no grounds to suggest the stay be continued

Proponents’ intervention in the district court does not provide them with standing to appeal….

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. In light of those concerns, proponents may have little choice but to attempt to convince either the Governor or the Attorney General to file an appeal to ensure appellate jurisdiction. As regards the stay, however, the uncertainty surrounding proponents’ standing weighs heavily against the likelihood of their success.

I like that line… As regards the stay, however, the uncertainty surrounding proponents’ standing weighs heavily against the likelihood of their success. He follows up with:

Proponents also point to harm resulting from “a cloud of uncertainty” surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved…. Proponents have not, however, alleged that any of them seek to wed a same-sex spouse.

I like this Judge Walker, after all… even if he was appointed by Ronald Reagan.  If his calculations are correct… looks like this one may be pretty well over, and instead of waiting forever for the stay to be lifted, Prop 8 supporters are going to need to do a whole lot of praying and fundraising to get much to happen on this one.

At least that’s what I hope….  and I’m no lawyer.


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