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?
Best thing that could happen would be if Califorina dropped off into the Ocean. Would eliminate most of the queers illegals and liberals West of the Mississippi. Sorry if you live there...you might want to consider relocating to someplace in America.
They are going to make Europe look conservative soon, and nothing is going to stop them.
Don’t be so optimistic. It could be catching!
I live in Maryland on the East Coast and we are politically as bad as California.
We are filled up with homosexuals, liberals ,illegals , and Democrats here also, and have one of the highest tax rates in the country.
I have some homosexual neighbors, good people, good neighbors, I don’t care about their sexual antics, as long as they don’t try them with me, and they won’t.
Calling anything they do a marriage is horse dung. I do not care if they receive everything a married couple receives, and tht include alimony,but it isnt a marriage.
That the Attny Gen - Jerry Brown will not fight this gives Meg 5% increase in voters, not because of the “war” but because people are sick of government not listening.
They certainly should have standing because the 'damage' is that the people of California were not allowed to amend their own state constitution, no matter what that change was.
We are Ruled, not governed.
When that happens, get ready for hell.
“Calif. won’t appeal Prop 8 ruling (and judge says regular citizen have no standing)”
Great decision!!!! One would guess Californians have the right to marry their dog, their horse or their chimp etc. What a country!!
It took the Founders 25 years - 1750 to 1775 - to organize, make plans and find leadership before taking on the British Crown.
Conservatives sat on their fat butts for 40 years and allowed the left to take over nearly institution. I worked in local government for 10 years, and it was near impossible to persuade conservatives to show up for local village meetings. The years from 1970 to 2006 were the decades of conservative apathy. Patriots are starting to move, but they have a lot of catching up to do.
It’s weird, but I actually find myself thinking that it’s better for California to have same-sex marriage than for this to go all the way to the Supreme Court and result in another Roe v. Wade monstrosity, this time deciding that same-sex marriage is a constitutional right in all 50 states.
I’m all for a mass march on Washington DC,That a US constitutional amendment banning ,invalidating gay marriages
They're creating another Valdemar Republic. Perversion hit an all time high back then, because of the hopelessness and despair surrounding the socialist economy. It was used as a distraction from what the leaders had done to the people. When the people were drugged up and busy with kinky sex, they didn't notice or care about anything else going on around them.
California, the home of every unclean thing of the earth, is the new Valdemar Republic. Legalize drugs, and push for more sexual dysfunction. Never mind the economy. Indulge, indulge, indulge!
This is why God placed that San Andreas fault where he did. It'll be a nice, clean cut when the country finally says "enough" and starts praying again.
so 52.3% of voters who voted for the prop have no legal standing,.......why bother voting if thats the case.
Isn’t the prejudicial nature of allowing more gay marriages while the proposition itself is appealed damage? (Legally)
I’m no lawyer, of course, but it seems that damaging another legal case should count as damages.
California is a tyranny.
Any Judge who issues a socially destructive immoral decision like this should be impeached, removed from office and then disbarred.
This ruling after the fact “unconstitutional” crap has happened multiple times regarding these initiatives in California now. I’ve never understood why the Constitutionality of initiatives wasn’t determined prior to the vote.
IN THIS CASE the Judge is a known homosexual, and should have recused himself, or his participation as the ruling Judge on the matter challenged due his known bias. I still believe something should be done regarding the Judge’s bias.
Yes I agree a straight Judge could be biased as well, but he/she wouldn’t be sitting there ruling with their hand on their crotch dreaming of that evening’s romp at the local bath house either.
IT is inevitable that this will go to SCOTUS anyway. Even if California doesn’t appeal to the 9th circuit, there will probably be gays moving to other states and they will demand that other states recognize their relationships legally too. This will result in another case going to the Supreme Court based on the Full Faith and Credit Clause which is much more of a slam dunk for the anti marriage forces than the pathetic progressive reasoning behind Judge Walker’s decision to strike down Prop.8. I guess, the only thing that you can hope for is that such a future case comes in a venue more favorable to real marriage. People need to stand up and fight this decision. Don’t take it sitting down.
Wake up, America. This isn’t just the destruction of the most fundamental building block of our civilization, the institution of marriage. This is the willful destruction of our entire form of republican self-government, upon which your liberty depends.
That ruling ends any definition of “marriage.”
If the courts rule that a marriage doesn’t have to be between a man and woman, then why should it limit marriage between species, or more than 2 people?
Every single voter in California was disenfranchised. Their right to vote and govern themselves was stripped, and no one in California has standing? Californians’ right to a Republican form of government guaranteed in Article IV of the US Constitution was blatantly violated. The right to be governed by the consent of the governed was denied, and NO ONE in California has STANDING!? If the 9th circuit rules that, then they should all be impeached for crimes against the Constitution.
And the two candidates for governor will not appeal either.
These comments say the people don’t matter because who are the ‘people’ in the final analysis? It is government that has standing, not the ‘people’? In federal court the state government is the sole representative of its people?
It boggles the mind but this ruling can only be overturned if the people recall the governor or pass a veto proof resolution for the governor to appeal?
The people have no standing because ‘people’ is not a recognizable legal entity in federal court outside of state government standing?
Revolution is coming, it must come.
Yeah, California is a tyranny but its not California that did this. Its a tyrrnical Federal Judge that gave the pathetic politicians of California an excuse not to enforce the law of the land that didn’t like anyway. California’s government didn’t want to enforce Prop.8 but it had to because of the people. Its the Feds that forced this situation on California’s voters.
You are arguing some of the merits of Prop 8.
The current news here has nothing to do with the merits but rather a set of tactics to overturn the will of the people by a deceitful federal application of equal treatment and due process followed by a refusal to process grievances based on a lack of standing.
We are witnessing the homosexual left pulling out all the legal stops to shut down religious expression in public; people’s will be damned.
A new proposition and a different Governor might work if the case hasn’t been heard on its merits yet.
The Gov and Attorney General have shown themselves to be enemies of the people of Calif. They should be impeached immediately.
I don’t understand how they don’t have standing, since they are actual voters disenfranchised by this ruling. Their votes have been invalidated,so they were impacted.
How to fight? The two candidates for governor are supporters of gay marriage.
Pass another amendment? Not possible.
How about recall the governor, current or elected? Maybe.
Elect a prop 8 supportive state legislature? This would be the best fight strategy but hard to do and time-comsuming.