After the Prop 8 Decision

Should Judge Vaughn Walker overturn Proposition 8, it could mean that same-sex marriages would begin again in California.

That’s why proponents of the ban on same-sex marriages this evening filed a pre-emptive strike on the decision should he rule for the plaintiffs, asking him to stay the decision or, if not, give them a 7-day stay so they can appeal to the Ninth Circuit Court of Appeals or even the Supreme Court.

What’s more, they want Walker to decide on the stay when he issues his ruling, arguing that his calendar is too full to wait until the next available opening.

Among other things, the proponents, represented by Charles Cooper, argue that they are likely to succeed on appeal, and that “irreparable harm” would result if same-sex marriages were to be allowed and then later banned by some future court ruling. Walker has shown some sympathy to the notion, as last year he rejected a motion for an injunction to block Prop 8 because of the uncertainty of the case as it makes its way through the courts.

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