stay lifted; marriages to go ahead Aug 18

[rm]

@LambdaLegal RT @freedomtomarry: BREAKING: Judge Walker lifts stay, and same-sex couples now have the freedom to marry in CA #Prop8 – Please RT! #lgbt

Retweeted by you, TheAdvocateMag, and 100+ others

Stay is in effect until August 18, at 5pm. At which point marriages will resume, although the 9th Circuit could step in and issue their own stay and various weird appeals by groups who may or may not have standing may be in play.

Situation: good, but chaotic.

Comments

[ambyr.livejournal.com]

It is interesting that the Post is currently headlining this as "Judge keeps gay marriages in California on hold."

[rm.livejournal.com]

NY Post? Washington Post?

Which Post?

[kaffy_r]

Chicago Trib also reports that Walker has agreed to hold the stay until 18th Aug., to give Prop 8 supporters a chance to appeal.

[rm.livejournal.com]

Prop 8 supports who likely don't have standing.

[kaffy_r]

Yup. I can hardly wait until the 18th. Too long, too long.

[tacky-tramp.livejournal.com]

"Proponents replied that they have an interest in defending Proposition 8 but failed to articulate even one specific harm they may suffer as a consequence of the injunction."

I continue to be madly in love with this judge.

[ophymirage.livejournal.com]

even more pertinent (emphasis mine):
To establish that they have standing to appeal the court’s decision under Article III, Section 2 of the Constitution, proponents must show that they have “suffered an injury in fact, which is fairly traceable to the challenged action and is likely to be redressed by the relief requested.” Didrickson v United States Dept of Interior, 982 F2d 1332, 1338 (9th Cir 1992). Standing requires a showing of a concrete and particularized injury that is actual or imminent.

They can't even APPEAL without proving calculable harm. Let me just say that again, because it makes me so goddamn happy. They can't even APPEAL without proving calculable harm.

Vaughn Walker, you have just shot over Jon Stewart & Stephen Colbert to the top of my HAWT Intellectuals list...

[tacky-tramp.livejournal.com]

That's Walker's POV, yes. I don't know enough about the legal details of standing to know whether the Ninth Circuit will agree with him. And honestly, I'm kind of terrified of the shitstorm that would be called down upon the nation if the appeal is denied based on standing. Shit. Storm.

[ambyr.livejournal.com]

Washington (http://www.washingtonpost.com/wp-dyn/content/article/2010/08/12/AR2010081201011.html?hpid=topnews), sorry.

[taffimai.livejournal.com]

That's the only real Post, anyway. Well, to us DC types.

[jeliza]

That's the AP wire headline, hence it's appearance in many places. The SF Chronicle had the better constructed headline Judge lifts stay, but same-sex marriages still on hold which at least makes you read the article to decipher the details.