U.S. district judge Vaughn R. Walker will issue a ruling this morning on whether to stay a decision in the Proposition 8 federal case pending appeal, according to a late Wednesday e-mail from the court. The ruling will be issued between 9 a.m. and noon Pacific time.
If Walker rules against the stay, the state of California could presumably allow same-sex couples to wed once again. Such unions have been illegal since voters in the state passed Prop. 8 in November 2008.
Last week Walker ruled Prop. 8 unconstitutional but issued a temporary stay of the decision pending arguments from attorneys on both sides.
The legal team defending the ballot measure have already filed an appeal with the U.S. court of appeals for the ninth circuit. On Tuesday the Imperial County board of supervisors also filed an appeal, though it is not clear whether county officials have standing to do so.
The court's announcement:
The court will enter its order on the motion to stay judgment pending appeal (docket number 705) in Perry v Schwarzenegger, C09-2292, between 9 am and noon on Thursday, August 12 PDT.
The order will be posted on the court's web page devoted to the Perry case, will be available through PACER and will be available in hard copy at the San Francisco courthouse in the hallway outside the ADR courtroom (16th Floor) and in the Press Room on the 18th Floor.
Lynn Fuller
Media & Public Outreach Liaison
United States District Court
Northern District of California
