PROP 8 OVERTURNED- Page 9

[D2]

Posted: 8/12/10 at 2:32pm

MB, when my partner and I had our commitment ceremony in 1994, I registered at Tiffany. (Anyone here who really knows me won't even blink an eye at that. )

Anyway, the woman there didn't even hesitate - she was matter-of-fact, very helpful and kind, and a week after the ceremony I got a congratulatory card from her.

That was 16 years ago. "And people said I was foolish to put all my money in Tiffany."

(And PS: I got almost everything on the list.)

Updated On: 8/12/10 at 02:32 PM

[Almira]

Posted: 8/12/10 at 2:52pm

I think a decision on the stay is being made today.

*crosses fingers*

[NYadgal]

Posted: 8/12/10 at 3:01pm

Yes, I believe it is.

I received this in an email earlier today alerting me to the timing:

Right now, thousands of gay and lesbian couples are on pins and needles. Judge Vaughn Walker has announced that he will release his big decision before 12 p.m. PST today on whether to allow same-sex marriages to immediately resume in California or await input on the decision from the U.S. 9th Circuit Court of Appeals.

[Almira]

Posted: 8/12/10 at 3:02pm

An announcement on the stay should be made within the hour according to my local public radio station.

I'm nervous.

[Almira]

Posted: 8/12/10 at 3:06pm

According my NPR station if even the stay is lifted.. opponents can file an emergency petition for a stay that puts the breaks on the ability for gay men and women to marry.

I don't know how that works..but it doesn't sound good.

Updated On: 8/12/10 at 03:06 PM

[Almira]

Posted: 8/12/10 at 3:14pm

Watch live here:

http://www.pamshouseblend.com/diary/17030/open-thread-for-prop-8-ruling

[tazber]

Posted: 8/12/10 at 3:19pm

"opponents can file an emergency petition for a stay that puts the breaks on the ability for gay men and women to marry."

You know, at what point does it just beome a done deal? I mean my god, there are 748 different appeal stratagies and 98 ways to change what a judge has ruled on.

Lord knows I am all for our legal system and I respect due process tremendously, but enough is enough already.

[Phyllis Rogers Stone]

Posted: 8/12/10 at 3:22pm

The short answer is never. Never ever, short of a constitutional amendment, I guess. Look at abortion. The Supreme Court tried that '73 and it's by far from being a done deal.

[tazber]

Posted: 8/12/10 at 3:24pm

You're totally right. I guess if the tables were turned I would be delighted that there were still options.

But it can be very exasperating.

[Almira]

Posted: 8/12/10 at 3:25pm

Not confirmed but word from the courthouse steps is:

THE BAN HAS BEEN LIFTED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[tazber]

Posted: 8/12/10 at 3:27pm

Suck it haters!

[DayDreamer]

Posted: 8/12/10 at 3:28pm

Motion: DENIED!!! Gay couples can marry in California for now. Yeah!

[Phyllis Rogers Stone]

Posted: 8/12/10 at 3:35pm

[YouWantitWhen????]

Posted: 8/12/10 at 3:51pm

Not quite - he lifted the stay effective August 18th. So, no marriages can occur until August 18th. Which, gives the 9th Circuit a chance to hear the arguments in favor of continuing the stay.

[tazber]

Posted: 8/12/10 at 3:52pm

Way to harsh my high, YWIW.

[YouWantitWhen????]

Posted: 8/12/10 at 4:06pm

I am an attorney - it's my job, and I do it well!

[Almira]

Posted: 8/12/10 at 4:08pm

YouWantitWhen???? got it right.

Back to limbo everyone.

http://news.yahoo.com/s/ap/us_gay_marriage_trial

Updated On: 8/12/10 at 04:08 PM

[PalJoey]

Posted: 8/12/10 at 5:04pm

It's far from limbo.

The judge lifted a stay, effective Wednesday 5 PM. In order for the stay to remain in place beyond that, Prop. 8 proponents will have to prove to the 9th Circuit (1) that they are being harmed by gay and lesbian marriages, and (1) that they are likely to prevail on appeal.

The likelihood of that is zilch.

Lord knows we have plenty of opportunities to curse and wish that things had happened differently and feel like we are perennially in "limbo." Today is not that back-to-limbo day.

Today is a day to rejoice.

Even Glenn Beck came out for gay marriage today. (Well, last night, and pretty close.)

Your request is being processed... Glenn Beck: Gay Marriage NOT Threat To America

[madbrian]

Posted: 8/12/10 at 5:09pm

Honestly, this is about the best that could be expected. If Walker hadn't given the proponents this week, they would have probably found someone to get an emergency stay. Also, he would have given the fringe right a legit legal gripe (it would have been uncommon for him NOT to give this time to appeal to the circuit). Now, the motion has to go to a panel in the 9th circuit. This panel is made up of two Clinton appointees and one Reagan appointee. And as PJ said, there is specific criteria for getting the stay, and it's hard to see them reaching that bar.

[YouWantitWhen????]

Posted: 8/12/10 at 5:13pm

As I mentioned on the other thread, the order is actually pretty interesting.

Judge Walker states that those seeking to extend the stay actually have not demonstrated standing to do so - they have not shown any harm which is one component requirement to issuing a stay. The only party which can presumably seek to extend the stay is the Defendant, the State of California - and it has not.

I agree with MB and PJ - this is the best the judge could do - and it creates a very high thresh hold for the bigots to overcome to try and extend the stay. If I was a betting woman, I would bet there would be a heck of a lot of overtime being paid on Wednesday night in SF, LA and other cities as they marry gay couples.

Updated to fix typos - arrgghhh.
Updated On: 8/12/10 at 05:13 PM

[Almira]

Posted: 8/12/10 at 5:20pm

Well, I feel better.

Thank you PalJoey, Madbrian and YouWantitWhen????

[wonderwaiter]

Posted: 8/12/10 at 5:48pm

So, this means I can marry my dog, right?

[tazber]

Posted: 8/12/10 at 5:53pm

Thanks for breaking that down YWIW.

wonderwaiter - your avatar is hilarious!!

[TheatreFan4]

Posted: 8/12/10 at 6:03pm

Your request is being processed... Glenn Beck: Gay Marriage NOT Threat To America

This throws my entire thoughts on the issue into a blender. :/

[NYadgal]

Posted: 8/12/10 at 6:06pm

Glenn Beck must be listening to some smart people.

YWIW, thanks for the legal info - very interesting.

I celebrate this day!