Tag Archives: Ninth Court Circuit

New Prop 8 Ruling Leaves Questions For Gay Couples Seeking Marriage Equality

Another court ruling has been issued on Proposition 8,  the Californian law voted for in 2008 that defined marriage between a man and woman. Judge James Ware issued that the case be closed. This makes those that were for having the case heard and have the Ninth Circuit Court’s decision that ruled Prop 8 unconstitutional more difficult. Earlier this year the Ninth Circuit of Appeals struck down the law voted in favor 52 % of California voters.

The decision, however, can be brought up to the Supreme Court when the reconvene in October. Some are reporting that this also means that in order for Judge Ware’s decision to go into affect, the Supreme Court must first rule on the case. Here’s an excerpt from today’s ruling:

On August 4, 2010, the Court issued an order in this case in which it directed the Clerk toenter judgment in favor of Plaintiffs and Plaintiff-Intervenors and against Defendants andDefendant-Intervenors. (hereafter, “August 4 Order,” Docket Item No. 708 at 136.) On August 12,2010, the Court issued a further order in which it declined to stay the August 4 Order and directedthe Clerk to “enter judgment forthwith.” (See Docket Item No. 727 at 10-11.) On June 14, 2011,the Court issued an order denying a motion to vacate judgment brought by Defendant-Intervenors.

I admit, to me the jargon in today’s ruling has been a bit confusing with both sides unclear about what the ruling means for same sex couples wanting to marry. Buzzfeed did however offer an update to further clarify on the initial report:

“A stay of the case by the Ninth Circuit Court of Appeals pending the Supreme Court’s determination of whether it takes the case means that a ‘mandate’ will not issue [sic] allowing Ware’s order today to go into effect. The order comes despite the fact that proponents of Proposition 8 have requested the Supreme Court to review the case because, Judge James Ware wrote today, all requests to stay the judgment in the case have been denied.”

So it appears that the movement for equality and the waiting game continues for same sex couples in California seeking marriage equality, with some like the American Foundation for Equal Rights tweeting

 Today’s court activity in the #Prop8 case is just housekeeping by the court, has nothing to do with judgement taking effect.”

And other LGBTQ organizations like GLAAD and HRC that haven’t made a formal comment on this late breaking news, it is difficult to determine a consensus on what the case means for gay men and women seeking marriage equality. Story developing….