SAN FRANCISCO (CN) – A federal judge on Thursday refused to permanently stay his ruling overturning California’s voter-approved ban on same-sex marriage, but allowed for a temporary stay to give supporters of Proposition 8 time to appeal to the 9th Circuit. That means same-sex couples can marry in California, but not until Aug. 18.
Chief U.S. District Judge Vaughn Walker said a permanent stay “would force California to continue to violate plaintiffs’ constitutional rights and would demonstrably harm plaintiffs and other gays and lesbians in California.”
“Because [Proposition 8 supporters] make no argument that they — as opposed to the state defendants or plaintiffs — will be irreparably injured absent a stay, proponents have not given the court any basis to exercise its discretion to grant a stay,” Walker wrote.
The ruling comes a week after Walker struck down Prop 8 as unconstitutional. Walker had also granted a temporary stay pending appeal, but has since limited the stay to Aug. 18 “to permit the court of appeals to consider the issue in an orderly manner.”
A longer stay is unwarranted, he said, because “the court cannot conclude that proponents have shown a likelihood of success on appeal.”