Yes on 8 petitions for stay of decision before issued
Attorneys representing supporters of Proposition 8 filed a motion with U.S. District Court Judge Vaughn Walker Tuesday asking that—if he should rule Wednesday in favor of Proposition 8 opponents—he issue a stay of his decision to enable them to appeal.
Such a stay, if granted, would prevent “another purported window of same-sex marriage in California,” stated the attorneys, led by conservative Charles Cooper. Additional marriages, licensed during a time when Proposition 8 is still under appeal, said Cooper, “would be licensed under a cloud of uncertainty” and, if Yes on 8’s appeal is successful, “would be invalid.” That, said Cooper, would be harmful to the affected couples and be an administrative burden on the state.
The District Court’s media representative indicated late Tuesday that Walker’s decision in Perry v. Schwarzenegger would be released between 1 and 3 p.m., presumably San Francisco time.