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

[cozzene.livejournal.com]

Yes, press has it now. I wish I liked planes more; maybe there should be a road trip.

[saoba.livejournal.com]

YES!

[ayoub.livejournal.com]

Awesome!

[tikiera.livejournal.com]

I heard it here first. :)

[filkerdave.livejournal.com]

Halle-freaking-lujah!

[nex0s.livejournal.com]

WOO HOO!!!!

N.

[marcmagus]

Haven't finished reading the stay order yet . . . but this means no marriages for a week, giving the appellate court a week to decide to hear an appeal and issue their own stay until they do so?

[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]

Possibly. It may also be because most courthouses are not fucking prepared to deal with the influx of people.

[rm.livejournal.com]

NY Post? Washington Post?

Which Post?

[teleens-journal.livejournal.com]

Interesting...

[missysedai.livejournal.com]

This makes me happy. Has it really been 6 years since Gavin Newsom stepped up and flung open the courthouse doors?

[kaffy_r]

August 18th can't come soon enough.

[dsudis.livejournal.com]

I'm really fascinated by the question Judge Walker raised on pp.3-6 about whether they'll have standing to pursue an appeal without getting the Governor or AG to go along.

[missysedai.livejournal.com]

This is the reason. The Clerks are now scrambling to ensure that they have sufficient forms and staffing, because when the stay lifts, they're going to get SMOKED.

[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.

[ambyr.livejournal.com]

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

[marcmagus]

Further reading: "to permit the court of appeals to consider the issue in an orderly manner"

So it really is to give them a chance to put in their own stay without a weird gap if they're going to do so. Which sucks, but is probably reasonable from a judicial standpoint.

[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.

[heron61.livejournal.com]

Awesome news so far, especially given that since California won't appeal, & thus appeals may be impossible.

[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.

[5251962.livejournal.com]

I was watching the live feed outside of the city hall and oh man, I hadn't seen any headlines or tweets or anything like that, yet- but suddenly, everyone was jumping around, cheering, laughing and crying and it was a seriously powerful thing to see.

[kshandra]

My god, that's a beautiful picture.

[eris.livejournal.com]

Just woke up and looked at my friends list, so I read it here first!

I really hope there isn't another stay. I have a friend in CA whose wife *just* got diagnosed with MS and she's been scrambling to figure out if she can get her better insurance to cover her wife via domestic partner.

[tacky-tramp.livejournal.com]

Oh my god, my stomach just did a flip-flop. I did NOT see this coming.

[azurelunatic]

That document is a work of art. I can just hear him saying that. Words are barely sufficient to register my adoration of him. He refrained from pitching Blankenhorn out of the courtroom on his ear, which was more than fair of him.

[eumelia.livejournal.com]

Congratulations America! You're slowly joining your neighbours north and south of your borders :)

[missysedai.livejournal.com]

Isn't it, though? I have that as a 16x20 poster, framed in gold, hanging on my office wall. Derek Powazek (http://www.powazek.com/2004/02/000365.html) sold them through CafePress for a while to raise money for an organization called Don'tAmend.

Newsom's edict all came down in the week leading up to my 13th wedding anniversary. And I thought it was fitting to celebrate the weddings of thousands of couples who had previously been denied.

Now we get to celebrate again. And for longer, this time, I think. Maybe even forever now, as is right and proper.

[stardragonca.livejournal.com]

Nuptial Stampede!!! NUPTIAL STAMPEDE!!!!

[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.

[taffimai.livejournal.com]

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

[thatwordgrrl.livejournal.com]

Both Brown (as State's AG) and Der Governator have stated they will not support an appeal.

Of course, this makes me want to see Meg Whitman stick her foot in her mouth by supporting the stay...

Because this Californian is just evil lke that. :>

[heron61.livejournal.com]

Both Brown (as State's AG) and Der Governator have stated they will not support an appeal.

At this point an appeal may be possible, but it may not. From what I've read, judicial opinion inclines against appeals by interested parties (aka bigotted scum), but isn't absolutely certain. We shall see.

[thatwordgrrl.livejournal.com]

All true, but man I'd still love to see Whitman step in it over this...

[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.

[sparkindarkness.livejournal.com]

*happy dance* all being well and I hope

[stardragonca.livejournal.com]

Likewise.

[stardragonca.livejournal.com]

Yes, but it's a dry evil.

[stardragonca.livejournal.com]

Oh my, I imagine yes. I remember when the Canadian Supreme Court ruled that the Constitution did in fact mean what it damn well said. Exaltation and tears, and things I can't describe or define.
Then it was all over but the grinding Provincial governments underfoot.

Prop 8

[obiewoncanobie.livejournal.com]

Check out what they are saying on: http:fakenewsonline.com