Proposition 8: Motion to Stay Granted…and Denied

August 13, 2010

During the Proposition 8 decision on August 4, 2010, Judge Vaughn Walker issued a temporary stay for briefing. The motions and briefs can be found below. Yesterday, Judge Walker ruled that gay marriages could resume next week (Wednesday at 5 p.m. PST) in California while his landmark ruling last week that overturned a ban on same-sex matrimony is appealed. The purpose of the delay is to give the appeals court time to consider “in an orderly manner” whether the voter-approved ban, known as Proposition 8, should be left intact while appellate judges weigh the merits of the overall case.

Late on Thursday, the defenders of Proposition 8 filed papers asking the appellate court to block same-sex marriages for the duration of the appeal. When we have the appeals materials available we will update this post. You can subscribe to the RSS feed on our toolbar on the right-hand side to get an update notice.

Decision: 2010 WL 3170286

Motions:

  • 2010 WL 3065298 Attorney General’s Opposition to Defendant-Intervenors’ Motion for Stay Pending Appeal (Aug. 6, 2010)
  • 2010 WL 3065300 The Administration’s Opposition to Defendant-Intervenors’ Motion for Stay Pending Appeal (Aug. 6, 2010)
  • 2010 WL 3065309 Plaintiffs’ and Plaintiff-Intervenor’s Joint Opposition to Defendant-Intervenors’ Motion for a Stay Pending Appeal (Aug. 6, 2010)
  • 2010 WL 3054190 Defendant-Intervenors Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Mark A. Jansson, and Protectmarriage.com’s Motion for Stay Pending Appeal (Aug. 3, 2010)
  • 2010 WL 2629020 Plaintiffs’ and Plaintiff-Intervenor’s Opposition to Defendant Intervenors’ Motion for Administrative Relief (Jun. 29, 2010)

Submitted by
West Reference Attorney
Mike C.