Gay Marriages Remain Temporarily on Hold, Judge Rules

Federal Judge Vaughn Walker orders stay lifted on Aug. 18.

ByABC News
August 12, 2010, 9:46 AM

Aug. 12, 2010— -- A federal judge today ordered the state of California to temporarily keep same-sex marriages on hold as supporters of a voter-approved ban on the unions seek to have it reinstated by an appeals court.

Walker's ruling made clear that "none of the factors the court weighs in considering amotion to stay favors granting a stay."

But he ultimately decided that same-sex marriages should not resume until Aug. 18 at 5 p.m., likely out of deference to the Ninth Circuit Court of Appeals, which will hear the case next. It could choose to extend the stay further.

The news disappointed gay couples across the state, some of whom had lined up outside city halls from San Francisco to Los Angeles, eagerly anticipating the chance to get married this afternoon.

"To a certain extent you just get a little numb to it," said Jordan Krueger, a 29-year-old gay man in Los Angeles who's engaged to his partner, Hank. "We were ecstatic that the verdict came down a week ago, but it's trying that we still have to wait."

U.S. District Judge Vaughn Walker last week struck down the state's gay marriage ban, known as Proposition 8, saying it amounts to unconstitutional discrimination. He later issued a temporary stay on his order to allow supporters to explain why it should be suspended during the appeal.

"California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result," Walker wrote in his original ruling. Gay couples began marrying in the state in June 2008 but were blocked five months later by Prop 8.

Walker's ruling today would allow those marriages to resume next Wednesday.

"Lifting the stay will put into action Judge Walker's basic premise that the state can't discriminate against same-sex couples," said Joe Solmonese, president of the Human Rights Campaign, a gay and lesbian rights group. "Californians deserve equality and they deserve it now."

But opponents of same-sex unions responded harshly to Walker's decision to lift the stay next week, saying it reflects his judicial activism.

"When a lower judge makes an unprecedented ruling that totally overturns existing Supreme Court precedent, the normal thing for that judge to do is to stay his decision, and let the higher courts decide, in an orderly fashion that respects the rule of law, if he's right or if he's way off-base," said Brian Brown, president of the National Organization for Marriage.