UPDATED 8-12-2010 6:45 pm (PDT): The defendants in this case, Appellants Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight and ProtectMarriage.com – Yes on 8, A Project of California Renewal, have as anticipated filed an EMERGENCY Motion to stay Judge Walker’s decision.
San Francisco â€” This morning, U.S. District Court Judge Vaughn R. Walker issued another ruling in related to his landmark decisionÂ that declaredÂ Proposition 8 (California’s Constitutional Amendment banning same-gender marriages) unconstitutional.
Walker has decided that gay marriages in California may resume on August 18th unless a stay is issued by the 9th District Court of Appeals.
Last Friday, both sides in the case submitted arguments to Judge Walker about whether he should continue to retain the stay on his order until any pending appeal is decided, or lift the stay he placed shortly after issuing his decision last week. While the plaintiffs and defendants argued their sides respectively, Governor Arnold Schwarzenegger and Attorney General Jerry Brown both argued that the stay should be lifted and same-gender marriages be allowed to resume.
“I am pleased that Judge Vaughn R. Walker has sided with the plaintiffs, Governor Schwarzenegger, and Attorney General Jerry Brown in lifting the stay of his ruling that struck down California’s ban on same-gender marriages;” said Chris Prevatt, spokesman for the Harvey Milk Stonewall Democratic Club of Orange County. “Since the facts of the case demonstrate that there is no compelling reason to discriminate, there is no reason to allow the discrimination to continue while the Prop 8 defendants appeal the decision.”
According to Orange County Clerk Recorder Tom Daly, Gay Marriages in Orange County will resume as soon as the Governor gives administrative direction to all 58 counties of California.Â
Yesterday, CNN released a new CNN/Opinion Research poll which found that 52% of those surveyed believe that same-gender couples should have the right to marry and have that right recognized by law.