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No gay marriages in California before December, court rules

The U.S. 9th Circuit Court of Appeals on Monday agreed to keep same-sex marriages on hold until at least December.

In a brief order, a three-judge panel agreed to an expedited review of U.S. District Judge Vaughn R. Walker's Aug. 4 ruling that overturned Proposition 8 as a violation of the federal Constitution.

The panel agreed to hold a hearing on the case during the week of Dec. 6 and ordered both sides to present arguments on whether the campaign for Proposition 8 has legal authority to appeal Walker's order.

Walker had declared Proposition 8's ban on same-sex marriage unconstitutional, saying it violates gay men's and lesbians' rights to equal protection and due process.

The defendants in that case were Gov. Arnold Schwarzenegger and Atty. Gen. Jerry Brown, but they declined to defend the law. As the losing parties, they have the authority to appeal Walker's ruling. But they hailed Walker's decision and said they would not appeal.

A private group that opposes same-sex marriage, ProtectMarriage.com, defended Proposition 8 during the trial Walker held earlier this year. The group wants to appeal his ruling but may lack legal standing to do so.

-- Maura Dolan in San Francisco


Comments () | Archives (57)

Can we please just let consenting adults marry each other and move on with our lives? Seriously.

Great news! I guess they'll be a lots of tears in West Hollywood and SF tonight.

Why does one man have the right to overturn the will of the people? I didn't think when a man became a judge he was "God" and all people must bow down to his wishs. If two peoplw want to join there resources together, call it what it is--"A Joint Union" --it is not a marrage.

The Governor and the Attorney General are supposed to represent the people of the State of California. They were elected by a majority of the voters.

Since we are still a democracy, they do not get to pick and choose when to defend the State.

The last time something like this happened was when Jerry Brown was the governor of California. The people voted by a super majority to keep the death penalty in place in California. Governor Brown indicated that he didn't care what the majority said, he was not going to agree to allow any executions to occur in California. He was voted out of office (along with Rose Bird and the supremes when the State Supreme Court tried to overturn the will of the people).

It is time for the people to rise up again this November.

..this is a non-issue.....

Just like the ground zero Mosque - constitutionality and wisdom are two different things. A bad law is no reason to violate the constitution

another sad and embarassing day for California

The three-judge appeals court has neither class nor spine in the face of the Utah church and its Tea Party allies. Constitutional rights are only valid if you have the big bucks and inside contacts to support them. Witness how George W. Bush used the U.S. Supreme Court to win the election in November 2000.

The Fight for decency continues. Thank You Protect Marriage organization. Majority of the American People are standing with you.

darnnit. So many friends have to wait until December now, so unfair.

December?! that is ridiculous.

didn't see that coming. Either way, this is a good thing. The Appeal should go forward, one way or another, this issue needs to be resolved.

Gay marriage is NOT civil rights. Don't mix them and use as excuse for your behavior. Two men can not marry just as One man two women can not marry even if all three consent. These these threes civil rights are not violated. They may not as passionate to get married as gays, but, there are just as 'right' to get married.

This too shall pass. Can't wait to be a straight minister catering to gay weddings. I look forward to marrying all you in love, happy, wonderful people. Hang in there. My God tells me your well-deserved time will come very soon.

Here comes all the homosexual cry babies..

Arnold and Jerry Brown simply should have represented the people. Not ran on freewill. They stink of themselves.

Proponents of Prop 8 support no less an effort that would have LGBT economic power not to mention our civil rights be ostracized! We - lgbt community - should start demanding not equal rights but MORE than equal rights!

I'm not surprised. Judge Walker's ruling was thin, very thin. I was surprised and the thought flitted across my mind that this might be a case of inadvertent self-sabotage. The ruling set the parameters of Prop 8 defender'sjob up nice and neat and now they are going to make mince meat out of Walker's ruling.

The overall weakness in Walker's ruling is epitomized in his claim that 7 million people were homophobes and that was why they voted for Prop 8. I mean really, did he go to school all those years to come up with that! Very disappointing coming from such a senior official.

Dear L.A. Times. The marriages at issue are not "gay marriages" but marriages between same sex individuals.

Jerry Brown,

As a public servant, you have the obligation to defend the vote of the people. Your personal opinion has no place here. You do not have the option to ignore the majority of the state of California that voted yes on Prop8. I know this because I am charged with enforcing Ca. laws and I am not permitted to enforce only those laws that I agree with. The same rule applies to you.

Arnold, the same goes for you.

The constitutionality of any proposed law should be determined before it gets on a ballot.


The courts cannot ignore the will of the people of California. "Marriage" is a social concept not defined by the union of same-sex couples.

The backers of Prop8 that may have questionable standing to appeal should sue the Attorney General and the Governor. They are refusing to do their job and that is against State law.

Cue bigoted anti-gay religious zealots telling us their magical "god" in the sky trumps the US Constitution in 3...2...

Wow...you just have to wonder at the efficiency of the legal system when a group can hold up an unconstitutional ruling by a judge for FOUR MONTHS simply until the panel of 9th Circuit judges can rule on whether or not they can appeal Walker's decision! It's not even for an appeal, just the right to do so! Incredible.

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