Does Judge Walker’s ruling mean that same-sex couples in California will be able to marry starting August 18, 2010?
Not necessarily. Judge Walker ruled that there is no legal reason to delay letting same-sex couples marry; however, he kept the stay on his ruling in place until August 18. That extra time will allow the Ninth Circuit Court of Appeals to decide whether to let same-sex couples in California marry while the appeal proceeds, or whether to continue the stay until the Ninth Circuit reviews Judge Walker’s decision that Prop 8 is unconstitutional. In practice, this means that the proponents of Prop 8 have a chance to file a motion for stay with the Ninth Circuit, and the Ninth Circuit has a chance to grant or deny that motion, but it must do so by August 18. If it does not, marriages will automatically start again at that time. The proponents of Prop 8 filed an emergency motion for stay pending appeal on August 12, 2010, shortly after Judge Walker issued his new ruling.
Related Questions
- If same-sex couples in California can begin to marry again starting on August 18, will those marriages be valid if Judge Walker’s ruling is later overturned on appeal?
- Are there any other DOMA challenges in progress in states where same-sex couples are able to legally marry?
- Does the California Constitution Prohibit Discrimination Against Same-Sex Couples Who Want to Marry?
