August 4, 2010 by USA Post
Prop 8, Supporters of Proposition 8 and may be suspected that the outcome of today’s ruling in the case of California’s hard to ban gay marriage.
In court papers filed Tuesday afternoon, defense lawyers called Proposition 8 in U.S. District Chief The Judge Vaughn Walker for a stay of his sentence if the result is to declare the law unconstitutional. The motion indicates that Prop 8 lawyers will immediately ask the 9th U.S. Circuit Court of Appeals to review the sentence, if Walker rules against him.
“A stay is essential to avoid damages that might result from another window that mentions marriage between same sex in California,” they wrote.
The judge’s ruling in San Francisco, is expected to be launched between 1 and 3 pm today.
Walker is ruling in the unprecedented trial of a lawsuit against Proposition 8 as a violation of federal constitutional rights of gay and lsbn couples. The case marks the first federal court trial of a state law banning gay marriage.
Walker and has refused to allow same-sex couples marry, while the legal challenge is pending, arguing it would create too much uncertainty in the state. Legal experts do not believe same-sex marriages will be allowed immediately, even if the court overturned Proposition 8, because of the long appeals ahead.
The case does not affect the approximately 18,000 marriages of same sex that took place in 2008, before Proposition 8, which went into effect and after a Supreme Court ruling that briefly state legalized marriage between same sex.
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