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State Can't Enforce Prop. 8, but Stay Issued, CNN reports


In his decision Wednesday afternoon, U.S. District Judge Vaughn Walker ordered the state to stop enforcing its same-sex marriage ban immediately. But CNN reported that Walker also issued an emergency stay, meaning that same-sex marriages are still on hold for the moment. We'll have more on that shortly.

Here’s Walker’s conclusion: 

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.

Lawyers for the Prop. 8 supporters filed papers Tuesday night seeking a stay that would prohibit same-sex marriage while the decision is appealed. Walker will have to deal with that separately. CNN reported that Walker is giving the defense team a chance to make their case for a stay pending the appeal. But Loyola Law Professor Douglas NeJaime said he doesn't think a permanent stay will be issued.

“The tone of this is it doesn't look like he would be issuing a stay,” said the law professor.

Click here to read Judge Vaughn Walker's ruling.

For full coverage, visit our Prop. 8 topic page.

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