Judge Vaughn Walker ruled that the stay banning same-sex marriage in California will remain in place until August 18, 2010 at 5 p.m. at which time Proposition 8 should no longer be enforced. 

The federal judge had found Proposition 8, the state's ban on same-sex marriage, unconstitutional last week, but imposed a temporary stay barring same-sex marriages. 

He wrote in the ruling: "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."

"The good news is the stay is lifted, the bad news is the judge is lifting it next Wednesday," said Molly McKay, a spokeswoman for Marriage Equality USA.

At a hurriedly arranged press conference, City Administrator Edwin Lee, Assessor/Recorder Phil Ting, and Supervisor David Campos spoke to the people gathered in City Hall to react to the news.

“Our hearts go out to the many couples who obviously have been waiting not for days but for years,” Ting said. “All I can say to all of you couples here today is to come back on August 18.”

Edwin Lee explained that up to 150 couples could be married per day at City Hall if hours are extended to 8 p.m., which his office planned to do when the window to same-sex marriage is opened next week.

One lesbian couple was visibly distraught, having waited in line. One of the women is pregnant and expecting their first child. “We can’t get a marriage license?” one asked the other and started to cry. “It just really plays with our emotions."

“It’s just bullshit that we have to go through this,” the other said. Both asked to be anonymous because they are in the military.

Outside City Hall, about 50 people remained on the steps, including a handful of ‘Yes On 8’ demonstrators. “Whether it’s today or next week,” said Don Grundmann of San Leandro, the homosexual community got 99 percent of what they wanted.” He carried a sign reading ‘Pervert judge, pervert ruling.’

“It was expected it,” he continued, “and it’s just part of the ongoing culture wars that we have to win to defend our nation. We have to win or we’ll be destroyed.”

Mayor Gavin Newsom called the decision “appropriate” and “heartening.”

“There’s no irreparable harm” in allowing same-sex marriages," Newsom said. “What the stay does is validate that point, that the only harm being done is denying people their constitutional right.”

He said he saw a silver lining in the decision.

Waiting a week will in fact “create more energy, more excitement,” Newsom said.

“People can organize that, can celebrate that, can eat dinner before, come down to City Hall, fill out a form, have marriage ceremonies like everyone else,” Newsom said. “In a strange sense that’s what the judge has also afforded: the opportunity for people to organize around this extraordinary moment in one’s life.”

Read the ruling here.

(Editor's note: Our original post erroneously suggested that the stay had been lifted immediately.)