The California case
With same-sex marriages in California on hold, LGBT advocates are hoping that an appeal on the Proposition 8 case will be decided quickly.
Here’s a review of the twists and turns in the case:
• May 15, 2008: The California Supreme Court of California issues a decision overturning the state’s ban on same-sex marriage.
• June 16, 2008: Same-sex marriages start in California.
• Nov. 4, 2008: California voters approve Proposition 8, amending the state Constitution to define marriage as between one man and one woman. The ban on same-sex marriage takes effect the following day.
• May 26, 2009: The California Supreme Court upholds Proposition 8, but also upholds the legality of an estimated 18,000 same-sex marriages performed while the practice was legal.
• Jan. 11, 2010: A lawsuit challenging Proposition 8, Perry v. Schwarzenegger, goes to trial in federal district court in San Francisco with attorneys Theodore Olson and David Boies representing two same-sex couples who had been denied marriage licenses.
• Aug. 4, 2010: Proposition 8 is overturned in a decision by U.S. District Court Judge Vaughn R. Walker, who rules the measure unconstitutional because it violates the 14th Amendment’s due process and equal protection clauses.
• Aug. 12, 2010: Judge Walker lifts a stay on same-sex marriages, ruling that they can resume on Aug. 18 unless there is an appeal.
• Aug. 16, 2010: A three-judge panel of the Ninth Circuit Court of Appeals panel issues an emergency stay that prevents the resumption of same-sex marriages.
While LGBT advocates are disappointed with the delay, Proposition 8 forces were pleased with the latest decision. They are hoping that an appeals court decision will reverse Walker’s ruling and uphold the traditional definition of marriage approved by voters in 2008.
The appeals court has indicated that it wants to hear the matter as soon as possible, with an expedited briefing schedule and oral arguments set to begin the week of Dec. 6.
One issue yet to be determined is whether Proposition 8 supporters have standing in court. Without a state entity as a defendant to challenge the verdict, it’s considered possible that the case could end on a technicality. Gov. Arnold Schwarzenneger and Attorney General Jerry Brown do not seem inclined to be part of the defense of Prop. 8. In fact, they’ve both filed motions calling for same-sex marriage to resume.
If the case does go forward, it’s widely expected to go to the Supreme Court.
