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Gay News: Gay couples in California will now have to wait until December to see if they can marry.
By: Nigel Robinson
Appeal to be decided 6 December
Appeal to be decided 6 December
Gay marriage put on hold - again
The fight for the right for same-sex marriage in California continues, with the legality of an appeal against the lifting of the ban now being brought into question.
Two weeks ago, Judge Vaughn Walker ruled that California’s Proposition 8, which states that marriage may only be between a man and a woman, was unconstitutional.
However, rather than ordering the gay marriage ban to be overturned immediately, he instructed that the lifting of the ban be postponed to 18 August to allow opponents to take their case to the US appeal court.
Now the case has been postponed again to December, after senior judges have questioned the right of opponents of gay marriage to bring their case to the court.
The original case against Proposition 8 was brought by a gay couple who wanted to marry and named California governor Arnold Schwarzenegger and others as defendants.
Schwarzenegger and the other defendants have since welcomed the lifting of the ban on gay marriage, and do not wish to appeal.
The appeal has, instead, been brought by the supporters of Proposition 8.
As they are not directly affected by the ruling, it is thought that they may not have the legal right to appeal against the lifting of the ban.
The appeal is now to be heard on 6 December. However, if it is decided that the supporters of Proposition 8 have no right to appeal, then the appeal would lapse and gay marriage in California would then become legal by default.
In a statement, Geoff Korrs, Executive Director of Equality California said:
"We are pleased that the Ninth Circuit Court is expediting the case against Proposition 8 and is considering whether the groups that placed Prop. 8 on the ballot have standing to appeal.
"We are extremely disappointed that loving same-sex couples will have to wait to marry and that we are once again being denied our fundamental rights
"However, we are optimistic for a favourable ruling, and we’re hopeful that same-sex couples will be able to marry as soon as possible."
