Legal Battle Over Prop. 8 Continues
The next legal battle over California's recently struck down ban on same sex marriage touches off Friday.
Chief U.S. District Court Judge Vaughn Walker, who ruled that Prop 8 is unconstitutional, has asked both sides of the case to submit written arguments over the temporary stay he issued on his own ruling.
At the moment, that stay still prevents gay and lesbian couples from legally marrying. An appeal, filed Wednesday but posted Thursday by the ban's proponents, could prevent those weddings from resuming in the state any time soon.
Supporters of Prop. 8 filed an appeal with the 9th U.S. Circuit Court of Appeals minutes after yesterday's ruling. The court posted that appeal this morning.
Walker says he will consider waiting for the 9th Circuit to render its decision before he makes his opinion final.
The outcome of that court eventually could force the U.S. Supreme Court to confront the question of whether gays have a constitutional right to wed.
