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Federal judge who overturned Prop. 8 will receive written arguments Friday on whether to continue his stay

August 6, 2010 | 11:04 am

Prop. 8

The federal judge who overturned California’s ban on gay marriage this week will receive written arguments Friday from attorneys on both sides of the case over whether he should continue a stay of his ruling until the 9th Circuit Court of Appeals can hear the case.

U.S. District Chief Judge Vaughn R. Walker could issue his ruling at any time. There will be no court appearance.

In his 136-page decision Wednesday, Walker struck down Proposition 8 as a violation of federal constitutional guarantees of equal protection and due process. 
Walker said California “has no interest in differentiating between same-sex and opposite sex unions.”

"The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples," Walker wrote.
Walker cited extensive trial evidence to support his finding that there was not even a rational basis for excluding gays and lesbians from marriage. Higher courts defer to trial judges on issues of fact, but still could determine that Walker was wrong on the law.

Supporters of Proposition 8 said Walker’s ruling is a violation of the U.S. Constitution and ignored the will of California voters. 

-- Maura Dolan in San Francisco

Photo: L.A. Times