Vaughn R. Walker, the chief judge of Federal District Court in San Francisco, issued a temporary stay last week when he invalidated Proposition 8, in order to allow arguments for and against same-sex ceremonies being performed while supporters of the ban appealed.
On Thursday, Judge Walker declined to extend that stay, but built in the delay to allow the United States Court of Appeals for the Ninth Circuit, where the case has been appealed by proponents of Proposition 8, time to consider the matter.
In the ruling, the judge wrote, “The evidence presented at trial and the position of representatives of the state of California show that an injunction against enforcement of Proposition 8 is in the public’s interest.”
News of the ruling set off a joyous eruption at San Francisco City Hall, where several dozen gay couples had lined up outside the county clerk’s office in hopes of getting marriage licenses and a large crowd of supporters had slowly built on the City Hall steps during the morning. Several ministers had arrived to perform ceremonies and rainbow flags were being waved. But that mood soon turned to disappointment as couples realized that same-sex ceremonies would still be delayed.
One couple — Adrian Molina, an artist for Pixar, and Ryan Dooley, a Latin teacher, both 24 — were among those feeling mixed emotions.
“We’re excited, but we’re also sad,” said Mr. Dooley, who said he wanted to marry as soon as possible. “At least we’ll have a little more time to prepare and dress up.”
Supporters of Proposition 8 were confident, arguing that they would win in the long run, which is likely to be before the United States Supreme Court. Jim Campbell, a lawyer for the Alliance Defense Fund, which had helped defend Proposition 8, said 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,” Mr. Campbell said in a statement. “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.”
Opponents of Proposition 8 expressed hope that gay men and lesbians would soon have the same marriage rights as opposite-sex couples.
“It would be delightful to have marriages resuming this afternoon, but it is understandable why Judge Walker would want the Ninth Circuit to have an opportunity to review,” said Kate Kendell, executive director of the National Center for Lesbian Rights. “We look forward to the resumption of marriages next week, not only based on principles of equality and fairness, but as affirmations of love and basic humanity.”
Gov. Arnold Schwarzenegger, a Republican, who had asked the court to lift the stay, said that he was pleased with the decision. “Today’s ruling continues to place California at the forefront in providing freedom and equality for all people,” he said in a statement. Any decision from the appellate court would come from a three-judge panel.
If it holds, Thursday’s ruling will make California the sixth state to allow same-sex marriage, joining Iowa, New Hampshire, Massachusetts, Vermont, Connecticut and the District of Columbia. California briefly allowed such ceremonies in 2008 after a decision by the State Supreme Court struck down two laws that had limited marriage to opposite-sex partners. Over the next five months, some 18,000 gay couples wed.
In November 2008, however, California voters passed Proposition 8 by 52 percent, amending the State Constitution to establish marriage as only between a man and a woman. The ballot measure was challenged in state court, but in May 2009 it was upheld, though the State Supreme Court allowed the 18,000 same-sex marriages to stand.
Shortly after that, two gay couples filed a federal challenge — the case settled by Judge Walker, who agreed with their argument that Proposition 8 violated their constitutional rights to equal protection and due process. “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” Judge Walker wrote in his opinion, issued Aug. 4.
Supporters of Proposition 8 denounced Judge Walker’s reasoning, saying that it defied the will of the voters of California.
For many gay couples, the possibility of marriage, even while delayed, seemed tantalizingly close. Roger Hunt, 52, and Rod Wood, 56, were the first in line outside the clerk’s office at City Hall here on Thursday.
A couple for the last seven and a half years, the two men said the time had come to tie the knot, buying a pair of inexpensive stainless steel wedding rings until they can get something fancier.
“I’ve wanted to get married for a while now,” said Mr. Wood, who works for a publishing company. “There was a window, and we missed it. I did not want that to happen again.”
