Friday, August 13, 2010

Judge Doubts Gay Marriage Opponents Can Appeal

If Judge Walker is right, the bad news is that his ruling will have less chance of becoming the law of the nation. The good news is that the legality of gay marriage will not be threatened in California.

SAN FRANCISCO (AP) -- 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. 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. . . ''We just want equal rights. We're tired of being second-class citizens,'' said Amber Fox, 35, who went to the Beverly Hills Municipal Courthouse on Thursday morning in hopes of marrying her partner.

SCOTUSblog: Analysis: Prop. 8 case, less than anticipated?

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