Today U.S. District Judge Vaughn Walker refused to stay his ruling in Perry v. Schwarzenegger, in which he struck down Proposition 8, the state marriage amendment defining marriage as the union of one woman and one man in the California Constitution. Without a stay of the August 4 ruling, Prop 8 is enjoined, meaning that people in California will be able to obtain same-sex marriage licenses. Judge Walker's ruling today states that effective August 18 at 5:00 p.m. PT, the state of California is ordered to stop enforcing Prop 8. Same-sex marriages will resume.
It is outrageous that Judge Walker refused to stay his ruling. This is a classic example of radical individualism and judicial activism. Judge Walker obviously has not learned the lesson of 2008, when the California Supreme Court refused to stay its decision on marriage. That decision was reversed in short order, but it caused a huge disruption. Staying the effect of Judge Walker's ruling pending the appeal is the only logical thing to do in this case. This case has a high probability of being overturned on appeal.
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