Judge doubts gay marriage ban’s backers can appeal

From Raw Storyhttp://rawstory.com/rs/2010/0813/judge-doubts-gay-marriage-bans-backers-appeal/

By The Associated Press
Friday, August 13th, 2010 — 8:06 am

The federal judge who overturned California’s same-sex marriage ban has more bad news for the measure’s sponsors: he not only is unwilling to keep gay couples from marrying beyond next Wednesday, he doubts the ban’s backers have the right to challenge his ruling.

Chief U.S. District Judge Vaughn R. Walker on Thursday rejected a request to delay his decision striking down Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he’s not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling.

By contrast, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying, Walker said.

The ban’s backers “point to harm resulting from a ‘cloud of uncertainty’ surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved,” he said. “Proponents have not, however, argued that any of them seek to wed a same-sex spouse.”

Continue reading at:  http://rawstory.com/rs/2010/0813/judge-doubts-gay-marriage-bans-backers-appeal/

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