Interfering with a Citizen’s Fundamental Rights Under the Constitution Without Explanation.

Chief Judge Vaughn Walker of the Northern District of California declared Proposition 8 unconstitutional Aug. 4, and he suggested that only the state could defend the law. In his ruling overturning Prop. 8 and in a subsequent order denying a stay, he said the "measure's sponsors had failed to show any prospect of harm in allowing same-sex weddings."

Just last week, the federal appeals court decided that same-sex marriages remain barred while the case is on appeal, despite the fact that the state is not defending the measure.  Moreover,  the 3-judge panel of the Ninth Circuit did not even state its reasons for issuing a stay that put the marriages on hold until the court decides whether Prop. 8 violated the constitutional right to marry.  The appeals court will decide whether the initiative's sponsors have legal standing to represent the state's interests during a hearing the week of Dec. 6 in San Francisco.

So, this order, without any kind of explanation leaves thousands of gay and lesbian couples wondering why they can't marry, and millions more people wondering why Prop. 8 remains in effect after a federal judge found it unconstitutional.

Links

Support for Same-Sex Marriage - Support for gay marriage has risen to 45 percent or more, according to national polls, and a CNN poll this month found that a narrow majority of Americans supported same-sex marriage.

Courage Campaign