Schwarzenegger, Brown not likely to appeal Prop 8 ruling; questions arise over whether Yes on 8 eligible to appeal

Posted on 10 Aug 2010 at 12:07pm

I just posted a story on our homepage about where things stand with the appeal of Judge Vaughn Walker’s ruling on California’s Prop 8.

Walker said the amendment, approved by voters in 2008 to ban legal recognition of same-sex marriage in California, is unconstitutional and invalid. Then he issued a temporary stay of his ruling which has kept it from being immediately enforced until questions over an appeal can be answered.

Then Gov. Arnold Schwarzenegger and Attorney General Jerry Brown — technically the defendants in the case, although they refused to defend Prop 8 in court, leaving it to “defendent intervenors” from the Yes on 8 campaign to try to defend the amendment in court — issued statements saying Walker should lift the stay and let gay couples start getting married again.

So here’s the question: Are the Yes on 8 people even legally eligible to appeal Walker’s ruling? Some experts say they aren’t. And if they aren’t, and if the state isn’t likely to appeal, then the whole thing is over. Problem is, it could takes years to get a definitive answer on who can appeal the ruling and who can’t.

Go here to read a more in-depth analysis of the situation by Lisa Keen.

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