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Report: Walker Denies Motion to Stay Prop 8 Case: Same Sex Couples Can Marry in California

According to various unsourced reports, Judge Vaughn Walker has just denied the motion by the Defendant-Intervenors to stay his ruling in the Prop 8 trial which overturned the ballot initiative. This means that same-sex couples can marry again in California, regardless of the appeals process through the 9th Circuit and the Supreme Court. Only by overturning Judge Walker’s ruling would the marriages have to end.

This is breaking news, more in a minute…

Officials in San Francisco and Los Angeles are standing by, ready to start gay marriages immediately upon receipt of Judge Walker’s ruling.

We’re still waiting on official confirmation…

UPDATE: While we wait for confirmation of this rumor, check out Glenn Beck’s views on gay marriage:

O’REILLY: Do you believe — do you believe that gay marriage is a threat to the country in any way?

BECK: A threat to the country?

O’REILLY: Yeah, is it going to harm the country?

BECK: No, I don’t. Will the gays come and get us?

O’REILLY: OK. Is it going to harm the country in any way?

BECK: I believe — I believe what Thomas Jefferson said. If it neither breaks my leg nor picks my pocket, what difference is it to me?

O’REILLY: OK, so you don’t. That’s interesting. Because I don’t think a lot of people understand that about you.

UPDATE II: Freedom to Marry is now confirming this.

UPDATE III: Many are confirming now, and a celebration has broken out in San Francisco. But I’m not seeing an actual order at the District Court website. At least not yet.

UPDATE IV: Here’s the actual ruling from the court:

ORDER by Judge Walker denying [705] Motion to Stay. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8. (vrwlc1, COURT STAFF) (Filed on 8/12/2010)

So, the stay has been denied. But that judgment has been stayed, basically, for another week. At that point, Prop 8 is toast. But this gives the Ninth Circuit Court of Appeals the ability to stay Judge Walker’s ruling within the next week. So that’s the next phase.

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Report: Walker Denies Motion to Stay Prop 8 Decision; Same Sex Couples Can Marry in California (BREAKING UPDATE: Motion Denied, But Judgement Still Stayed)

David Dayen

David Dayen