Marriage for Gays Still on Hold

On Aug. 16, the three-judge panel placed an indefinite hold lifting a stay that would allow same-sex couples to marry, while they consider if proponents have standing in the lawsuit and if irreparable injury would result if they lifted stay.

U.S. District Chief Judge Vaughn R. Walker, who ruled in Perry v. Schwarzenegger that Prop. 8 violated the Due Process and Equal Protection Clauses of the 14th Amendment, placed temporary “stay,” or delay of the enforcement of decision to give parties on both sides of the issue an opportunity submit arguments to extend the stay by Aug. 6, while proponents of Prop. 8 submitted their appeal to the U.S. 9th Circuit Court of Appeals.

On Aug. 12, Walker announced he would lift the stay but not before 5 p.m. Aug. 19, to give a three-judge panel an opportunity to consider whether to consider maintaining to stay while they consider arguments on both sides of the issue, while it goes on appeal, or do nothing.

A separate three-judge panel would consider the constitutionality of a ban on same-sex marriage.

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