California: Gay marriage from August 18

The confusion surrounding Proposition 8 in California continues today after a US federal judge ruled 0vernight that gay marriages can resume in the state from August 18.

It lifts a stay on the decision on August 4 ruling the state’s ban on same-sex marriages was unconstitutional.
Chief US District Judge Vaughn Walker ruled earlier this month that Proposition 8 was a violation of constitutional guarantees to due process and equal protection, but placed a temporary hold on issuing marriage licences to gay couples to consider how to move forward while the case is appealed.

Judge Walker asked legal teams on both sides for arguments on whether he should postpone putting his ruling into effect but, after reviewing the arguments, removed the stay effective August 18.

The case is expected to be appealed all the way to the American Supreme Court.

Both Governor Arnold Schwarzenegger and Attorney-General Jerry Brown filed motions in federal court, urging Judge Walker to allow same-sex couples to begin getting married right away.

Both noted that the state is prepared to begin marrying gays and lesbians so opponents cannot argue that it poses some sort of new administrative burden on the state.

The decision comes on the eve of a string of pro gay marriage rallies planned across Australia on Saturday, details for which are below.

Sydney