Judge to Rule on Stay in Prop. 8 Case

  • Associated Press
  • Aug 12, 2010

SAN FRANCISCO -- 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.

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