The stay on his ruling finding that Proposition 8 denying same sex couples access to marriage laws to be unconstitutional has been LIFTED, but the order NOT ENACTED for another week (August 18) to give time for the state to comply with the order in an orderly (ha) fashion, and to allow the greater 9th Circuit Court of Appeals to respond should they choose to do so.
So, yes, the stay has been lifted, but not enforced for another week.
The language in the actual ruling is pretty clear, and awesome. Here are the first two paragraphs:
Defendant-intervenors Dennis Hollingsworth, Gail Knight,
Martin Gutierrez, Mark Jansson and ProtectMarriage.com
(“proponents”) move to stay the court’s judgment to ensure that
Proposition 8 remains in effect as they pursue their appeal in the
Ninth Circuit. Doc #705. In the alternative, proponents seek a
brief stay to allow the court of appeals to consider the matter. Id.
Plaintiffs and plaintiff-intervenor City and County of
San Francisco ask the court to deny the stay and order the
injunction against Proposition 8 to take effect immediately. Doc
#718. California’s Governor and Attorney General (collectively the
“state defendants”) also oppose any stay. Doc ##716, 717. Other
than proponents, no party seeks to stay the effect of a permanent
injunction against Proposition 8. Because proponents fail to
satisfy any of the factors necessary to warrant a stay, the court
denies a stay except for a limited time solely in order to permit
the court of appeals to consider the issue in an orderly manner.
And the final paragraph, after six pages of clear, logical and well-reasoned smackdown:
None of the factors the court weighs in considering amotion to stay favors granting a stay. Accordingly, proponents’motion for a stay is DENIED. Doc #705. The clerk is DIRECTED toenter judgment forthwith. That judgment shall be STAYED untilAugust 18, 2010 at 5 PM PDT at which time defendants and allpersons under their control or supervision shall cease to apply orenforce Proposition 8.
IT IS SO ORDERED.
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