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Same-Sex Marriage To Resume In California

US District Judge Vaughn Walker ruled to remove the temporary stay of same-sex marriages in California this afternoon. Same-sex marriages will resume in California August 18th, unless Proposition 8’s supporters are able to quickly obtain a stay from a higher court, according to the Sacramento Bee. In response to a request by supporters of Proposition 8, Judge Walker introduced a temporary stay on same-sex marriages after he issued the ruling overturning the ban, according to the LA Times. Today’s ruling came after lawyers for same-sex couples filed legal motions on Friday, asking that same-sex marriages be allowed to resume immediately, according to the Associated Press. On August 4th, Judge Walker overturned the California Supreme Court’s ruling, declaring Proposition 8 unconstitutional under the Due Process and Equal Protection clauses of the 14th Amendment. In his opinion, Judge Walker stated that “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same sex couples.” The electoral referendum, which passed 52 percent to 48 percent in November 2008, overturned a May 2008 ruling of the California Supreme Court that resulted in, among other provisions, the legalization of same sex marriage in the state. California Governor Arnold Schwarzenegger filed a brief this week urging Judge Walker to allow same sex marriages to resume immediately. The brief argued that “California has already issued 18,000 marriage licenses to same-sex couples without suffering any resulting harm. Government officials can resume issuing such licenses without administrative delay or difficulty.” California Attorney General and gubernatorial candidate Jerry Brown also filed a brief that urged same-sex marriages be allowed to resume during the interim. This brief said, “As this Court has concluded that Proposition 8 is unconstitutional, the public interest weighs against its continued enforcement,” according to CNN.

Sources:

Feminist Newswire 8/9/10, 8/4/10; Associated Press 8/12/10; CNN 8/8/10; LA Times 8/12/10; Sacramento Bee 8/12/10

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