August 12, 2010
So, unless a stay can be procured from the 9th Circuit Court of Appeals, you can get same-sex married in California beginning August 18th. Walker's opinion expresses doubt over whether there is standing to appeal, because the "state defendants" — the state's governor and attorney general — didn't oppose the stay. The remaining defendants, referred to in the opinion as "proponents" of Prop 8, may lack standing on their own to appeal. These defendants were permitted to intervene at the trial level, but that doesn't mean they have standing to carry the case forward to appeal. If the proponents can't get the state defendants to appeal, that may be the end of this case and Walker's opinion finding Prop 8 unconstitutional will be the last word in California. For now, the standing problem weighed against granting the stay pending appeal, because it undermined the likelihood of success on appeal.