This is just so, so wrong. When one man -- a federal judge -- has the power
to undo what is clearly the will of millions of California residents -- that
is, ban same-sex "marriages" -- it just goes to show how broken
the American
democratic system really is, because the will of the people is simply being
ignored. In my view, these maverick judges have way too much power. In a
sense, when they do things like this, they are basically writing new laws,
and that is NOT their job. They are NOT supposed to be legislators; they are
supposed to be interpreters of the law only.

However, as this article explains, there may still be light at the end of
the tunnel; as this case willl ultimately make its way to the U.S. Supreme
Court.

Personally, I can only see two things happening when it does: Either the
Supreme Court will demonstrate weakness by refusing to hear the case -- in
which case Proposition 8 will be shot down permanently -- or else it will
hear the case, and the conservative elements of the court will hand a
victory to supporters of Proposition 8 -- meaning that same-sex marriage
will remain illegal in California.

Of course, if the Supreme Court upholds Proposition 8, this will obviously
result in challenges in the other five states where same-sex
"marriages" are
currently allowed.


Green Light and Delay on Same-Sex Marriage

By JESSE McKINLEY - NYT

August 12, 2010


SAN FRANCISCO -- Same-sex marriage is legal again in California. Sort of.

Eight days after ruling that Proposition 8 -- a 2008 voter-approved ban on
same-sex marriage -- was unconstitutional, a federal judge on Thursday
denied a motion to stay his decision, opening the door for untold numbers of
gay and lesbian couples to wed in the nation's most populous state. But the
judge delayed the effective date of his order until Wednesday.

Vaughn R. Walker, the chief judge of Federal District Court in San
Francisco, issued a temporary stay last week when he invalidated Proposition
8, in order to allow arguments for and against same-sex ceremonies being
performed while supporters of the ban appealed.

On Thursday, Judge Walker declined to extend that stay, but built in the
delay to allow the United States Court of Appeals for the Ninth Circuit,
where the case has been appealed by proponents of Proposition 8, time to
consider the matter.

In the ruling, the judge wrote, "The evidence presented at trial and the
position of representatives of the state of California show that an
injunction against enforcement of Proposition 8 is in the public's
interest."

News of the ruling set off a joyous eruption at San Francisco City Hall,
where several dozen gay couples had lined up outside the county clerk's
office in hopes of getting marriage licenses and a large crowd of supporters
had slowly built on the City Hall steps during the morning. Several
ministers had arrived to perform ceremonies and rainbow flags were being
waved. But that mood soon turned to disappointment as couples realized that
same-sex ceremonies would still be delayed.

One couple -- Adrian Molina, an artist for Pixar, and Ryan Dooley, a Latin
teacher, both 24 -- were among those feeling mixed emotions.

"We're excited, but we're also sad," said Mr. Dooley, who said he wanted to
marry as soon as possible. "At least we'll have a little more time to
prepare and dress up."

Supporters of Proposition 8 were confident, arguing that they would win in
the long run, which is likely to be before the United States Supreme Court.
Jim Campbell, a lawyer for the Alliance Defense Fund, which had helped
defend Proposition 8, said that "the right of Americans to protect marriage
in their state constitutions will ultimately be upheld."

"It makes no sense to impose a radical change in marriage on the people of
California before all appeals on their behalf are heard," Mr. Campbell said
in a statement. "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."

Opponents of Proposition 8 expressed hope that gay men and lesbians would
soon have the same marriage rights as opposite-sex couples.

"It would be delightful to have marriages resuming this afternoon, but it is
understandable why Judge Walker would want the Ninth Circuit to have an
opportunity to review," said Kate Kendell, executive director of the
National Center for Lesbian Rights. "We look forward to the resumption of
marriages next week, not only based on principles of equality and fairness,
but as affirmations of love and basic humanity."

Gov. Arnold Schwarzenegger, a Republican, who had asked the court to lift
the stay, said that he was pleased with the decision. "Today's ruling
continues to place California at the forefront in providing freedom and
equality for all people," he said in a statement. Any decision from the
appellate court would come from a three-judge panel.

If it holds, Thursday's ruling will make California the sixth state to allow
same-sex marriage, joining Iowa, New Hampshire, Massachusetts, Vermont,
Connecticut and the District of Columbia. California briefly allowed such
ceremonies in 2008 after a decision by the State Supreme Court struck down
two laws that had limited marriage to opposite-sex partners. Over the next
five months, some 18,000 gay couples wed.

In November 2008, however, California voters passed Proposition 8 by 52
percent, amending the State Constitution to establish marriage as only
between a man and a woman. The ballot measure was challenged in state court,
but in May 2009 it was upheld, though the State Supreme Court allowed the
18,000 same-sex marriages to stand.

Shortly after that, two gay couples filed a federal challenge -- the case
settled by Judge Walker, who agreed with their argument that Proposition 8
violated their constitutional rights to equal protection and due process.
"Proposition 8 fails to advance any rational basis in singling out gay men
and lesbians for denial of a marriage license," Judge Walker wrote in his
opinion, issued Aug. 4.

Supporters of Proposition 8 denounced Judge Walker's reasoning, saying that
it defied the will of the voters of California.

For many gay couples, the possibility of marriage, even while delayed,
seemed tantalizingly close. Roger Hunt, 52, and Rod Wood, 56, were the first
in line outside the clerk's office at City Hall here on Thursday.

A couple for the last seven and a half years, the two men said the time had
come to tie the knot, buying a pair of inexpensive stainless steel wedding
rings until they can get something fancier.

"I've wanted to get married for a while now," said Mr. Wood, who
works for a
publishing company. "There was a window, and we missed it. I did not want
that to happen again."



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