At the Equality California gala Saturday night, EQCA Executive Director Geoff Kors called political strategist Chad Griffin, board president of the American Foundation for Equal Rights, a “hero” for bringing the historic successful federal constitutional challenge to Prop 8. On Aug. 4, District Court Judge Vaughn Walker declared Prop 8 unconstitutional but he subsequently imposed a six-day stay on his ruling – until Wednesday, Aug. 18 – to provide Prop 8 proponents time to file an appeal. Walker’s decision to permanently enjoin enforcement of Prop 8 – and then grant a temporary stay created an incredible emotional roller-coaster Friday leaving many same sex couples who planned to marry in the lurch.
The Protect Marriage/Defendant-Interveners appeal is due Monday.
In his ruling, Judge Walker said he did not think the Prop 8 proponents had “standing” to bring an appeal in the 9th Circuit, a position with which the plaintiffs’ attorneys agreed in their motion opposing an emergency stay filed Friday.
Attorney General Jerry Brown, an official government-defendant in the Perry v. Schwarzenegger case, also filed a motion on Friday opposing a stay – the effect of which would prohibit same sex marriages from being legal in California while the lawsuit winds through the court system, presumably on its way to the US Supreme Court. Brown’s filing reads in part:
“To the extent the decision of the Attorney General not to file an appeal has bearing on this Court’s decision of whether to grant a stay, however, the Attorney General will not be appealing the district court’s Order permanently enjoining the enforcement of Proposition 8.
For the foregoing reasons, the Attorney General respectfully requests that Appellant-Intervenors’ request for a stay pending appeal be denied.”
Over the weekend, a number of smart people discussed the appeals process, which Lambda Legal’s Jon Davidson laid out in great detail for LGBT POV last week. Erwin Chemerinsky, dean of the UC Irvine School of Law, wrote an op-ed in the Los Angeles Times which read in part:
“As Walker explained Thursday, the defenders of Proposition 8 are not likely to prevail because they lack standing; also, it is impossible to see what “irreparable injury” will occur if there is not a stay of the injunction and same-sex couples are allowed to marry pending resolution of the appeal.
The result of all this is likely to be that gays and lesbians will be able to marry beginning Wednesday, when Walker’s temporary stay expires. There then will be consideration of the case, over the next couple of years, by the 9th Circuit and ultimately by the Supreme Court.”
And the incomparable New York Times Frank Rich wrote in a Saturday column that weaves together the death of AIDS “angel” Judith Dunnington Peabody and the work of plaintiffs’ attorneys Ted Olson and David Boies:
“Make no mistake about it: The Proposition 8 trial, Judge Vaughn Walker’s decision and the subsequent reaction to it (as much a non-reaction as anything else) constitute a high point in America’s history-long struggle to live up to its democratic ideals.”
A reminder: when and if the stay is lifted, same sex couples can apply for a license online. Here’s an advisory to help you.
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Most of us were so swept up in
So many LGBT reporters and bloggers are doing a good job serving as eyewitnesses to history as the LGBT movement for equal rights bursts with visibility. But from a Prop 8 perspective, I want to especially commend Rick Jacobs and the Courage Campaign, which is providing an incredibly important resource with both its
From the American Foundation for Equal Rights:
Like so many of us, my friends Mary Jo Godges and Renee Sotile are anxiously awaiting District Court Judge Vaughn Walker’s ruling on the constitutionality of Prop 8, the amendment passed by voters in 2008 that stripped away the right of same sex couples to marry in California. Walker does not have to give any advance warning that the decision is imminent – so we’re all just holding our breath.
Last month, the U.S. Supreme Court 
Some terrific journalists covered the federal Prop 8 trial and have provided a nice mosaic of reporting on Wednesday’s historic closing arguments in Judge Vaughn Walker’s San Francisco courtroom. The American Foundation for Equal Rights posted the
The
Anticipation is building. The atmosphere itself seems to reverberate with history. On Wednesday morning, District Court Judge Vaughn Walker will hear closing arguments in the federal trial challenging the constitutionality of Prop 8.
Next week, on Wednesday, June 16, attorneys arguing in Perry v. Schwarzenegger, the federal lawsuit challenging the constitutionality of Prop 8, will deliver their closing arguments before District Court Judge Vaugn Walker in San Francisco. Please check the
On the eve of next week’s closing arguments in the federal Prop 8 trial, the
Expert blogger (
Though it might appear that the federal challenge to the constitutionality of Prop 8 is on hiatus because of the dearth of news stories – the
Next Thursday – Feb. 25 – I am going to be on a Los Angeles Press Club panel with Andrew Harmon, senior editor for The Advocate,
What’s that adage about spin – say it long enough, hard enough, loud enough and eventually it will take on the cloak of truth? Well, the latest missive from National Organization Executive Director Brian Brown reads more like a fairy tale – showing that this Emperor has no clothes.
After testimony ended in the Prop 8 trial, Judge Vaughn Walker allowed post-trial amicus briefs to be filed by Feb. 3. Most appeared to support the plaintiffs. Both sides have until Feb. 26 to respond to the amicus briefs – after which Judge Walker will hold a hearing to handle details and set a date for closing arguments. Please click inside to read some details about six of the briefs.
LGBT POV is among the many LGBT and MSM blogs that have been covering the federal challenge to Prop 8 (see 

