United States District Judge Vaughn Walker Thursday rejected an appeal made by proponents of Proposition 8 to delay his decision striking down California’s gay marriage ban from taking effect until a higher court can heard an appeal filed by Protect Marriage, one of the principle sponsors of the voter amendment, because Walker does not believe that they possess the authority to appeal since they would neither be affected by nor responsible for the implementation of his ruling. Conversely, same sex couples, he argued, are denied their constitutional rights every day they are preventing from marrying in California. Walker, who has set a deadline of 5:00 pm PST August 18th for a ruling from the 9th Circuit Court of Appeal on whether gay marriage can again continue in California until that same court considers their broader appeal, said that Proposition 8 architects “point to harm resulting from a ‘cloud of uncertainty’ surrounding the validity of marriages performed after judgement is entered but before proponents’ appeal is resolved. Proponents have not, however, argued that any of them seek to wed a same-sex spouse.” Walker’s interpretation is based on his understanding that only those with the support of either California Governor Schwarzenegger or Attorney General Jerry Brown can appeal his decision, but that is nearly impossible since both officials refused to defend Proposition 8 in court.
Meanwhile, in San Mateo County, California – where, in 2008 62-percent of the population voted against Proposition 8 – county clerks are readying themselves for next Wednesday’s deadline, Deputy Clerk Theresa Rabe saying that the office, which issues marriage licenses, is prepared to stay open beyond its 5:00 pm closing time if Walker’s ruling is upheld. “We are getting ready for Wednesday at 5 o’clock unless the 9th Circuit appellate court tells us no,” she said. “It’s another wait and see.”
In the Bay Area, both San Francisco and Santa Clara counties are prepared for an onslaught of gay and lesbian couples seeking to take advantage if Walker’s ruling is upheld, San Francisco Mayor Gavin Newsom saying that “the San Francisco County clerk is already prepared to grant marriage licenses as soon as permitted after August 18, at 5:00 pm, or whenever it is legally allowed.” Santa Clara County Clerk-Recorder Gina Alcomendras said that if enough couples show up Wednesday, there could be “a mass wedding” that very evening.
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