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Monday, February 18 , 2019, 9:25 pm | Fair 50º


Judge Keeps State’s Same-Sex Marriages on Hold

The stay on the Proposition 8 ruling remains in effect until next week

In a move that disappointed same-sex couples waiting to be married throughout California on Thursday, U.S. District Chief Judge Vaughn Walker announced that his stay on the Proposition 8 ruling will remain in effect through next Wednesday.

Last week, Walker ruled that the proposition banning same-sex marriage was unconstitutional and discriminatory, but he didn’t immediately lift the ban. Though Gov. Arnold Schwarzenegger and Attorney General Jerry Brown, among others, have asked for immediate enforcement of his ruling, Walker said he is giving same-sex marriage opponents time to argue why a stay should remain in place.

An appeal would go to the Ninth Circuit Court of Appeals, and the issue could end up before the U.S. Supreme Court.

Members of Santa Barbara’s gay and lesbian community celebrated last week’s decision, and Pacific Pride Foundation Executive Director David Selberg said he sees Thursday’s ruling as significant as well.

The chances of an appeals court reversing a judge’s decision between now and Aug. 18 is very unlikely, he said.

“This very well could take two years to go through the appeals court, and if people get married for the next two years, that would set a tone — the sky didn’t fall,” he said, adding that he hopes many couples get their paperwork done and prepare for next Thursday, as the stay is in effect until 5 p.m. Wednesday.

There are many questions remaining, Selberg said, including whether marriages that occur in the near future could be invalidated depending on the appeals court’s decision.

Santa Barbara County’s clerk/recorder office has marriage information, and a marriage license application can be found online in English and Spanish.

Click here for information regarding the Perry vs. Schwarzenegger court case, including documents.

Noozhawk staff writer Giana Magnoli can be reached at .(JavaScript must be enabled to view this email address).

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