And the fight continues: Two weeks after Judge Vaughn Walker heartened supporters of same sex marriage by ruling Proposition 8 unconstitutional, the 9th U.S. Circuit Court of Appeals has agreed to take up the case on appeal and in the process extended a stay on the marriage ban until at least December. As gay couples across California were preparing to exchange vows on Wednesday, which was the deadline for the temporary stay put in place last week by Judge Walker, county clerks were preparing for potentiality of thousands of weddings. Instead they’ll have to wait for the 9th Circuit to rule on the case—while the appeal was inevitable but the stay on marriages has to be a disappointment. We examine the legalities of the case as it makes its slow march toward the U.S. Supreme Court.
Erwin Chemerinsky, dean, University of California, Irvine School of Law