On Wednesday, August 4, 2010, I once again sat waiting for a text message with the decision of a Court about marriage equality. Just as I was so elated in May of 2008 as I sat on the steps of the U.S. Supreme Court building and read the news about the California Supreme Court’s decision about marriage, I once again felt the same sense of elation and equality after hearing of Judge Walker’s ruling Proposition 8. It didn’t surprise or amaze me, but it did restore my faith in the power of the 14th Amendment.
So the question now is whether or not Judge Walker will issue a stay on his own decision pending the appeal to the 9th Circuit Court that has already been filed. Given what the good Judge wrote in his decision, “Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8,” I don’t see how he could issue a stay.
No matter what he decides, I am truly grateful for the heard work and detail he put into writing this decision. He did a thorough job of evaluating all of the facts presented from both sides.