Flop 8 Update

1. Both parties were supposed to submit their filings re: The stay of Judge Walker’s decision on Proposition 8 today. There will not be an additional hearing. Walker said previously he will issue a ruling as quickly as possible. Note: At 6.05 p.m. (EDT? PDT? Arrgh!) SCOTUSblog reported Flop8rs had yet to file.
   • If he grants the stay, California will not be able to issue marriage licenses to some of its citizens.
   • If he denies the stay, Flop 8rs will run the the District IX court (squealing Weee! Weee! Weee!) and request a stay pending their appeal (they may have done so already). I’m not sure if California would be able to issue licenses during the interim, but I’m trying to find an answer.
2. Kudos to the District Court of Northern California for setting up this special website.
3. A great analysis of Walker’s ruling. Check out SCOTUSblog for a legal eye view.
4. Two named defendants in the case have given the stay a thumbs down. (via Bloomberg BW):

California Governor Arnold Schwarzenegger and Attorney General Jerry Brown opposed a request by supporters of a voter-approved ban on same-sex marriages to stay a federal judge’s order that found the ban violates the U.S. Constitution.

“Proposition 8 is unconstitutional,” Brown, a Democrat running for governor, said today in a filing in federal court in San Francisco. “The public interest weighs against its continued enforcement.”

Schwarzenegger, a Republican serving his last term, said in a separate court filing that waiting for the appeals court to review Walker’s ruling before letting it go into effect isn’t necessary to protect any governmental or public interest. California has already allowed 18,000 same-sex couples to marry before the 2008 ban without suffering any harm, the governor said.

5. Via SCOTUSblog:

• Schwarzenegger’s opposition to the stay.
• Brown’s opposition to the stay.

Posted by Hunger Tallest Palin on 08/06/10 at 10:48 PM • Permalink

How quickly they forget.

Sen. Orrin Hatch, R-Utah, a political ally of Schwarzenegger, introduced the Equal Right to Govern Amendment in July 2003, a few weeks before the actor declared his candidacy in the recall election in which Californians ousted Democrat Gray Davis as governor.

If Hatch’s amendment is adopted, an immigrant who has been a naturalized citizen for 20 years could run for president or vice president.

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