Calif. Judge Denies Permanent Stay on Same-Sex Marriages

U.S. District Judge Vaughn Walker, who last week overturned California's Proposition 8, has denied a permanent stay on allowing same-sex marriages in the state, but extended a temporary one until August 18, according to reports.

Walker said he made the decision to give opponents of his ruling time to appeal, although he also made clear that he doesn't believe those appealing have much of a case without support from state officials.

"As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the court of appeals will be able to reach the merits of proponents' appeal," Walker wrote.

The judge also struck down arguments that the validity of same-sex marriages prior to a final ruling in the case would be surrounded in a "cloud of uncertainty."

"Proponents do not adequately explain the basis for their belief that marriages performed absent a stay would suffer from a 'cloud of uncertainty,'" Walker said, adding that marriages performed "pursuant to a valid injunction would be lawful, much like the 18,000 marriages performed before the passage of Proposition 8 in November 2008."

California Governor Arnold Schwarzenegger, who previously urged Walker to lift the stay, said that he was "pleased" with the judge's decision to "provide all Californians the liberties I believe everyone deserves," according to the Associated Press.

Louise Brooks of Integrity, a gay caucus in the Episcopal Church, called the decision "positive" and a "giant step toward equality."

"We're looking at August 18th as a time when discrimination will end and equality will become a reality," Brooks told the Ecumenical Press.

"We continue to work for equality and urge both our church community and the secular community to support all marriages and to value all families," she added.

Justin Lee, executive director of the Gay Christian Network and a Southern Baptist, called the ruling a "significant" one, but added that he remains concerned about the divisive impact the issue continues to have in the church.

"Whatever the courts decide, we believe very strongly that Christians must come together to engage in dialogue on this issue rather than simply throwing stones," Lee said.

"If the church's only response to this is to take political sides, then we have failed to follow the example of Jesus Christ," he continued. "These cases are about real people's lives, and our responsibility is to actively love those people, even those we don't agree with."

Walker's decision today follows his historic ruling last week which declared California's ban on gay marriage unconstitutional.

According to Walker, Proposition 8 was in violation of the due process clause of the 14th Amendment as evidenced by the thin testimonies given by proponents of the measure.

Walker also refuted proponent's claims that overturning the law would violate their first amendment rights and declared that private moral views are not a proper basis for legislation.

Meanwhile, opponents of Walker's ruling are concerned that the decision could threaten the marriage laws of 45 states which have not legalized same-sex marriages.

On Tuesday, an appeal against Walker's decision was filed by Imperial County, California, where nearly 70 percent of voters had supported the original Proposition 8 measure in 2008.

"By the people, for the people and of the people - democratic principles are at stake and it is important for governmental representatives to defend the interests of the people who elected them," said County Supervisor Wally Leimgruber in a statement.

Many expect that the appeals process will reach the Supreme Court.

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