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Court Halts California Gay Marriage
LOS ANGELES – Gay couples in California scrapped wedding plans Tuesday after a court halted same-sex unions until the completion of an appeals process expected to end up in the US Supreme Court.
A week after a landmark decision overturned a ban on gay marriage, the Ninth Circuit Court of Appeals granted a motion for a stay of the order, effectively reinstating the ban.
Further appeal proceedings are now scheduled to take place the week of December 6 in San Francisco.
The ruling halted an anticipated rush of gay marriages after Judge Vaughn Walker last week ruled same-sex weddings could begin again on August 18, allowing a week for the court of appeals to consider the issue.
Opponents of gay marriage argued in their appeal that same-sex unions are prohibited most places in the United States and abroad because marriage is intended to serve a societal interest.
"California, 44 other states, and the vast majority of countries throughout the world continue to draw the line at marriage because it continues to serve a vital societal interest," the appeal said.
The challenge argued that the purpose of marriage is for members of the opposite sex "to channel potentially procreative sexual relationships into enduring, stable unions for the sake of responsibly producing and raising the next generation."
Opponents of gay marriage in California also argue that the state's voters made their intentions known by supporting the 2008 ballot initiative known as Proposition 8 that imposed the ban on same-sex unions.
"California voters spoke clearly on Prop. 8, and we're glad to see their votes will remain valid while the legal challenges work their way up through the courts," Andy Pugno, an author of the ballot initiative, said in a statement.
But the ruling was a bitter blow for gay couples and their supporters.
"We are extremely disappointed that loving same-sex couples will have to wait to marry, and that we are once again being denied our fundamental rights," said Equality California Executive Director Geoff Kors in a statement.
"However, we are optimistic for a favorable ruling, and we're hopeful that same-sex couples will be able to marry as soon as possible."
Some 18,000 gay and lesbian couples tied the knot between May and November 2008 when gay marriage was briefly allowed by the state of California.
Currently only the states of Connecticut, Iowa, Massachusetts, New Hampshire and Vermont, as well as the US capital Washington, recognize gay marriage.
Both California Governor Arnold Schwarzenegger and state Attorney General Jerry Brown filed motions last Friday demanding same-sex marriages be allowed after Walker ruled that the California referendum that barred same-sex marriage was discriminatory and therefore violated the US Constitution.
Schwarzenegger praised Walker's decision, saying it would "provide all Californians the liberties I believe everyone deserves."
But the ruling drew howls of condemnation from conservative opponents of same-sex marriage, who alleged that Walker -- who is gay -- had allowed his ruling to be influenced by his own sexual orientation.
Opponents of same-sex unions also argued it was inappropriate to reinstate marriage rights until the appeals process had run its course.
"If the trial court's decision is eventually reversed, refusing to stay the decision will senselessly create legal uncertainty surrounding any same-sex unions entered while the appeal is pending, "said Jim Campbell, a lawyer for the Alliance Defense Fund, a socially conservative grouping.
Proposition 8 passed with a 52 percent majority in November 2008, only six months after California's Supreme Court overturned a previous ban on same-sex weddings, sending gays and lesbians flocking to marry.
Legal experts believe the case is almost certain appeals hearings in lower courts have run their course.
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12 Comments so far
Show AllMarriage is not only or even primarily for procreation. People get married regardless of whether or not they want to have children. Enduring, stable unions are good for everyone, and everyone needs the protection that the Constitution grants equally to all citizens. And the fact that people voted for Proposition 8 does not ipso facto make the proposition legal, constitutional or right. Voters can be wrong (and they can be stupid, hateful or bigoted), and that's what the courts are for, to discover when laws or propositions are unconstitutional and void them.
I'm glad they held it off. What you wrote is your opinion but not that of the people of San Fran. Maybe you are stupid, not the voters???
All they did was hold it off til December so it doesn't affect the Democrats in the November election from being AS BADLY slaughtered. Gay marriage is unpopular opinion so Dems will try to stay away from this.
By definition marriage is man and woman. Gay people have always had the right to get married...as long as man-to women. Its not unconstitutional at all.
no, traditional marriage is the transfer of property from the father to the husband.
Until the 1920s, until today in some places, women were/are considered to be nothing more than property.
If marriage is a partnership of equals, than allowing gays to marry is not a big deal at all. If you hold fast to the traditional definitions, than it's a very big deal.
Thanks for you support in allowing me to get married to someone whom I'd never choose to get married to.
PFO
Yeah, Realist, you really are a realist---as long as you do the defining.
Why isn't the far right howling about this? They used to complain about legislating from the bench all the time.
Walker should have recused himself? Should Thurgood Marshall have recused himself from Brown v. Board of Education? Ridiculous.
And guess which 5 SC Injustices will rule gay marriage illegal?
Homosexuals have been around since time began, but didn't become an issue untill Christianty took over. We are in 2 wars, pushing for 3, crime running rampant across our country, hate and discrimination, and all the Fundamentalists can think of is same sex marraiges and can't stand the fact a couple wish to be happy. The Christian Right wish dictatorship over all.
Realist247, I can't believe you insinuated that gay people can get married as long as they marry someone of the opposite sex...that was so lame. When will people stop being so dramatic and realize that they shouldn't butt in where they have no business? What in the hell do you care if someone marries someone? If you are not homosexual, marry someone of the opposite sex. If you are, marry someone of the same sex. It's that simple. Live and let live. You don't see gay people going around protesting your horrible straight marriage, insisting that you marry someone of the same sex so that you won't insult their way of thinking, do you? Geez! Why in the heck are people so dumb? There are more important things for straight people to be thinking about, and to gay people who love someone and desperately want to get married, there is maybe not much that is more important, because they are being restricted in a way that straight people can never fathom. Get a life, you homophobic idiots.
Thanks CommonDreams, you changed the format so that 'comments' will eventually be squashed...priceless. All of this(i.e. Homo issues) are meant to splinter Labor, it has nothing to do w/ sex or sexuality. A society can not 'attack' gays as evidence that homosexuality is wrong, this is plunder at its best. Bring this up at the next pro-life meeting and see what you get. It is one in the same, this argument(sp). LOL
Plunder Is Groundless.
I think marriage is stupid, but the idea that a majority of people in California can ban same sex marriage when it deprives gays of their civil rights shows why we need the constitution and the courts. Marriage is stupid because it assumes monogamy is the norm for the human species, when it so obviously is not. I've known many happy gay couples that have been together for many years, but very few of them have been monogamous. If truth be told, I believe very few straight marriages are not subject to 'playing around'. The ones that last are the ones in which the couple has come to terms with this.
Civil unions for all couples should be the law. Then, if anyone wanted to show their devotion to their partner they could in a ceremony that would not be binding. Marriage is left over from the time when women were property, when religion claimed domination over areas that it has no business interfering with. It is NOT worth fighting over. Gays should be fighting for equal civil unions under the law. Let straight religious idiots have marriage. They have already trampled their monogamous ideals into the ground. So let them have it.
"Proposition 8 passed with a 52 percent majority in November 2008"
While I'm surprised that Gay marriage is again on hold, when the majority voted for it, I'm also pretty sure the days of stopping gay marriage are numbered because the acceptance of it is growing and it will eventually only be only the very intolerant who are against it. At this point, I'm sure that watching these people against gay marriage is just giving us fuel to look back on. I mean, like looking back on who was against black rights in the 50's and 60's. The Majority will vote for this again and keep voting for it and getting stronger so it's ridiculous for these people to think they can stop it or hold it up for very long.