U.S. District Judge Vaughn Walker, the judge who ruled that the state’s ban on same-sex marriage is constitutional, lifted the stay on his decision as of Wednesday, August 18, at 5pm PST.
The evidence presented at trial and the position of the representatives of the State of California show that an injunction against enforcement of Proposition 8 is in the public’s interest. Accordingly, the court concludes that the public interest counsels against entry of the stay proponents seek.
Of course, that’s assuming that the Ninth Circuit Court of Appeals stays out of it. That’s not likely. Proponents of Proposition 8 have already filed an appeal. The Ninth Circuit could very well re-institute a stay pending their decision, or, if they decline, the Supreme Court could as well.
It might not even get that far; something interesting from SCOTUSBlog notes:
The judge raised the possibility that the backers of Proposition 8 — the ban approved by the state’s voters in 2008 — may not have a legal right to appeal his decision, since state officials have declined to defend the ban and seem unlikely to pursue their own appeal. The judge declared: “If the state [officials] choose not to appeal, proponents may have difficulty demonstrating Article III standing” — that is, the legal right under the Constituton to be in court.