Like when the candidates are in a race that’s too close to call, and the votes continue to be counted as long as the Democrat’s behind, but the counting ends whenever he takes the lead. It’s like that.
Judge doubts gay marriage ban’s backers can appeal
SAN FRANCISCO – The federal judge who overturned California’s same-sex marriage ban has more bad news for the measure’s sponsors: he not only is unwilling to keep gay couples from marrying beyond next Wednesday, he doubts the ban’s backers have the right to challenge his ruling.
Chief U.S. District Judge Vaughn R. Walker on Thursday rejected a request to delay his decision striking down Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he’s not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling.
By contrast, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying, Walker said. The ban’s backers “point to harm resulting from a ‘cloud of uncertainty’ surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved,” he said. “Proponents have not, however, argued that any of them seek to wed a same-sex spouse.”
California voters passed Proposition 8 as a state constitutional amendment in November 2008, five months after the California Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had married.