When a federal judge in San Francisco declared "unconstitutional" California's voter-approved constitutional amendment protecting marriage as the union of one man and one woman, he also immediately stayed his ruling to avoid conflicts in the appeals process. Just moments ago, the same judge denied a motion filed by the ProtectMarriage.com legal team to stay the August 4th decision in Perry v. Schwarzenegger. His decision will not go into effect until August 18th.
"The Protectmarriage.com legal team will appeal immediately to the 9th Circuit to stay the trial court's decision. This case has just begun, and [we] are confident that the right of Americans to protect marriage in their state constitutions will ultimately be upheld. It makes no sense to impose a radical change in marriage on the people of California before all appeals on their behalf are heard. If the trial court’s decision is eventually reversed, refusing to stay the decision will senselessly create legal uncertainty surrounding any same-sex unions entered while the appeal is pending," said Alliance Defense Fund Litigation Staff Counsel Jim Campbell, an important part of the legal team representing Californians.
Professor Kohm spoke with numerous media outlets immediately following the ruling. To gain a clear understanding of this federal judge’s ruling, visit
here to read an expert's analysis.
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