Busybody Republicans may not be able to challenge ruling on gay and lesbian marriage

PAUL ELIAS and LISA LEFF | 08/13/10 06:12 AM | AP

The old conservative busybody

SAN FRANCISCO — 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. Opponents to the ruling   want a stay until higher 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."

Walker gave opponents of same-sex marriage until Aug. 18 at 5 p.m. to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriages should start before the court considers their broader appeal.

Their lawyers filed an request asking the 9th Circuit to intervene and block the weddings on an emergency basis late Thursday.

They argued the appeals court should grant a stay of Walker's order requiring state officials to cease enforcing Proposition 8 "to avoid the confusion and irreparable injury that would flow from the creation of a class of purported same-sex marriages."

It is unlikely that the decision will be repealed in the 9th US circuit court that has a reputation for liberal rulings.

We view the right wing interference with gay and lesbian marriage as busybody politics.

There is only the flimsiest legal basis for challenging gay and lesbian marriage. How would gay marriage cause irreparable injury?

Social change is inevitable and a political party that challenges all social change is reactionary.

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