A Day After Prop 8 Celebrations, Public Holds Its Breath

Nearly two years since the infamous ban on same-sex marriage, Prop 8, passed by a slim margin of California voters, Federal Judge Vaughn Walker, who struck down the ban as “unconstitutional,” decisively handed a historic step for equality to the state.
Using evocative and powerful language, Walker’s 136-page decision included this explanation: “Prop 8 does nothing more than enshrine the notion that opposite sex couples are superior to same-sex couples."
So what does this all mean? The language of the headlines seemed entirely deliberate—Prop 8 was “lifted,” “overturned” and “overruled.”
On the other hand, the actual process through which this could all unfold is not so crystal clear.
Within hour of news reports flooding in, the tweets and Facebook statuses ranged from proud gays ready to reopen the search for spouses to straight allies gushing with pride for their state.
Not to be a buzz kill, but step away from the Prada suit and hold on a second before booking Gaga as your wedding singer. With a possible disappointment on the horizon with how and when actual marriage licenses will be issued again to same-sex couples, perhaps it’s time we just hold our breaths.
At this moment, there is a four-letter word disruptively standing in the way: stay.
Without all the legal mumbo jumbo, the stay basically delays gay couples from getting married right away. In the event that the judge sided with the Prop 8 opponents, the case’s defendants—supporters of the marriage ban—were granted a small grace period Tuesday night, preventing the judge’s Wednesday ruling from taking immediate effect.
Both parties now have until Friday to present their sides of the argument when another decision will be made. The stay will either be lifted and same-sex marriages will resume freely in California, or it may be extended as supporters of Prop 8 inevitably take their run through the laborious appeals process. The looming effect could be halting California gay marriages from taking place for who knows how long.
With appeals for Prop 8 backers filed and ready to go to the U.S. 9th Circuit Court of Appeals, it is also unclear when we could see answers. Another appeal before the Supreme Court, which will most likely be the battle’s final standoff, could take around another two years to be heard.
Still, Wednesday’s victory should serve as motivation to push forward, reminding us not to get carried away by any premature celebrations.
With high-profile state politicians like Gov. Arnold Schwarzenegger and Los Angeles Mayor Antonio Villaraigosa in glowing support of Judge Walker’s decision, a look back at Prop 8’s passing two years ago may not have been the worst thing.
Because of the journey that the case is now on, the state of California’s gay marriage concern could soon take the national stage.
After all, without the passing of Prop 8, perhaps there may have never been such a golden opportunity like this one for our nation’s highest court to stand up for positive social change.
As the case makes it ranks through our country’s complicated court system, there is a glimmer of hope that the Supreme Court will finally seize the opportunity to address an issue long overdue and make a progressive decision for equality.
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