U.S. District Judge Vaughn Walker has lifted the stay on his ruling that Proposition 8 is unconstitutional, which has kept same-sex couples from marrying. However, his decision will not take effect until next week.
That judgment shall be STAYED until August18, 2010 at 5 p.m. PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.
This decision gives supporters of Proposition 8 time to appeal Walker's lifting of the stay.
Walker also points out in his decision that supporters of Proposition 8 may need to find a state defendant in order to continue to appeal.
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. 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 appellate jurisdiction.
Both Governor Arnold Schwarzenegger and Attorney General Jerry Brown filed motions last week asking Walker to lift the stay and allow same-sex marriages.
The decision in full can be read here.