Skip to comments.Calif. won't appeal Prop 8 ruling (and judge says regular citizen have no standing)
Posted on 08/13/2010 4:15:28 AM PDT by xzins
SAN FRANCISCO, Aug. 12 (UPI) -- California will not appeal a U.S. judge's decision to lift a stay on his injunction blocking the state's voter-enacted ban on same-sex marriage, officials said.
U.S. District Court Judge Vaughn R. Walker said Thursday he would lift the stay and allow same-sex marriages to proceed, but not until Aug. 18. Such marriages would be permitted after that unless an appeals court, possibility the U.S. Circuit Court of Appeals for the 9th Circuit, issues a stay beyond the date.
Walker warned the amendment's sponsors may not have standing, or status, to make the appeal because they were not affected by the stay.
"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," Walker wrote. "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 jurisdiction."
Gov. Arnold Schwarzenegger and state Attorney General Jerry Brown had urged the judge to immediately lift the stay, allowing gay and lesbian marriages to go on during the legal process, and a spokesman for the governor indicated Thursday Schwarzenegger will not appeal the ruling, the Los Angeles Times reported.
"The governor supports the judge's ruling," spokesman Aaron McLear said.
If higher courts concur with Walker on the standing issue, they would not decide the issue on its merits, the newspaper said. However, the case could still get further hearings on procedural issues, during which time the ruling overturning Proposition 8 would stand in California.
In issuing a preliminary injunction Aug. 4 against the ban, a state constitutional amendment called Proposition 8, the judge said it "both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
The Times said the sponsors had warned they would go to the U.S. Supreme Court seeking a stay if Walker allowed same-sex marriages to continue.
California voters approved the ban in November 2008 by a 52.3 percent majority six months after the California Supreme Court ruled laws against same-sex marriage violated the state Constitution. The state court later upheld Prop 8 as a valid amendment to the state Constitution.
Weren’t propositions 187 and 209 also similarly left to twist in the wind like this?
This "standing" thing has become a hammer to beat up those who would participate in the culture wars.
If the very sponsors of the amendment that was overturned by the judge do not have "standing", then it appears to me that the concept of standing has problems that the malicious use as a club.
Schwarzenegger should be dragged out of office and not allowed to complete his term.
Pray for the USA.
Of course "we" have no standing. How dare we as mere mortals set government policy that is contradictory to the personal preferences of the Lords who rule over us?
Arnold long ago quit his job as governor, and is now firmly back in the gay hollywood leftist camp.
He just never bothered to officially resign, and tell us.
This is ALL about his marketability in hollywood go-forward.
They probably don't because I can't see how they can show damage.
But regardless, it doesn't make any sense to me to have a process where your state constitution is amended through a popular referendum only to have that amendment declared unconstitutional. If your constitution says something then isn't it by definition Constitutional?
First the soap box then the ballot box.And when that is struck down by some fruitcake judge claiming the people have no standing its time for the cartridge box.
Yup....as the song goes, “say goodby to hollywood.”
No way Jerry the fairy will appeal, he’s queerer than a 3 dollar bill.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or for men to have sexual relations with other men; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
See, it’s a right. It there in black and white.
the time of talk and legal action against this communist govt is over
What are you going to do, then? What are any of us going to do? I am just as guilty as the next, probably more so in this regards, so don't think I am excluding myself from this. If it is time for action, then shouldn't action take place? If that is the case, then we are all either just huffing and puffing, or sitting on our hands. Shame on us all in either event.
A Hollywood Governor married and controlled to a Kennedy, A States Attorney who is running for Governor by seeking the queer vote, a Judge who is a homosexual in a state made up of illegal aliens and liberal turds.
Not much chance there.
This judge is an idiot....supporters of Prop 8 have standing....they were the ones challenged in court....and they were the ones who proposed the legislation
This is a heterophobic judge appointed by the Liberal RINO George H W Bush. A GOP judge is now aiding the Liberals.
The supporters of Prop 8 should continue to proceed, since they do have standing, as they were the ones who got the legislation started
“Pray for the USA.”
Amen....seriously with fasting.
The next step in grass roots activism is to *reclaim* the party from the RINOs at the base: it is the precinct committee chairs who select the candidates.
And around half of these positions nationwide are unfilled.
...as a football bat?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.