The ruling by a Federal Judge to overturn a ban on same-sex marriage appears to be flip-flopping a tad since the controversial ruling was handed down last week in the picturesque City by the Bay.
Although, U.S. District Court Judge Vaughn Walker effectively overturned the Prop 8 ballot initiaive - in his opinion on the complex Constitutional issues - his Honor stopped short of leaving the supporterss of the ban on gay marriages in a legal lurch.
In what appears to be a fair approach to oproblems that have surfaced in respect to appeals - in the aftermath of his controversial findings - Judge Walker has "stayed" (put on hold) his standing order until the 18th of August.
No new gay marriages may be granted by City Hall (18,000 California residents are currently legally married in the Golden State) until that date.
The intriguing "stay" arose when it was determined that sponsors of Prop 8 (who lost their bid to have the initiative upheld) do not have legal standing to lodge an appeal with the 9th Circuist Court of Appeals (based in San Francisco).
Walker conjectured that the sponsors may be barred from appealing the order because they were not directly affected by its findings.
Walker said there was no evidence that the sponsors of Prop. 8 "face the kind of injury" required to have standing to file an appeal.
"As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the Court of Appeals will be able to reach the merits of proponents' appeal," Walker wrote.
With that argument in mind, the Judge issued a "stay" until nex week, with a court directive that proponents attempt to convince either the Governor or the Attorney General to file an appeal to ensure jurisdiction.
Howevr, that may be a difficult task to undertake, since both Gov. Arnold Schwarzenegger and Atty. General Jerry Brown urged Walker to permit same-sex marriages to resume after noting the state was well equipped to handle to gay marriage.
Prop 8 drafters did not publicly respond to Walker's contention that they may not having standing to appeal.
In spite of the foregoing efforts of the Judge to be balanced and fair, Prop 8 supporters waved protest signs outside the U.S. Federal Court on the eve of of the trial's official end, alleging "Judicial Tyranny".
Walker based his ruling on the grounds that Proposition 8 violated Federal Constitutional guarantees of equal protection and due process.
Moral disapproval was not a good enough reason to deny gays what courts have determined is a fundamental right to marry, he noted matter-of-fact in he public record.
