Walker won’t grant stay of gay marriage ruling

U.S. District Court Judge Vaughn R. Walker, who overturned anti-gay marriage Proposition 8 by ruling the measure unconstitutional on August 4, refused this afternoon to permanently stay his ruling — but he extended a temporary hold on the issue until August 18. Supporters of the ban on gay marriage will have until that time to appeal his ruling to U.S. 9th Circuit Court of Appeals.

But the judge doubts the sponsors of Prop 8 have the proper legal standing to appeal the order because they are not directly affected by it:

Walker said there was no evidence that the sponsors of Prop. 8 “face the kind of injury” required to have standing to file an appeal.

“The uncertainty surrounding proponents’ standing weighs heavily against the likelihood of their success,” he wrote.

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Jesse Zwick

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