UPDATE: BUT BAN is in effect UNTIL AUGUST 18.
A federal judge Thursday refused to permanently stay his ruling overturning Proposition 8's ban of gay marriage but extended a temporary hold to give supporters time to appeal the historic ruling.
U.S. District Court Judge Vaughn R. Walker, who overturned the measure on Aug. 4, agreed to give its sponsors until Aug. 18 to appeal his ruling to the U.S. 9th Circuit Court of Appeals. No new marriages can take place until then.
Howsoever, the 8aters may not have standing to appeal:
[Updated, 12:50 p.m. "As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the Court of Appeals will be able to reach the merits of proponents' appeal," Walker wrote.
"In light of those concerns, proponents may have little choice but to attempt to convince either the govenror or the attorney general to file an appeal to ensure jurisdiction."
Walker said there was no evidence tht the sponsors of Proposition 8 "face the kind of injury" required to have standing to file an appeal.
http://latimesblogs.latimes.com/...
Uh oh, this also looks bad for 8aters appeal:
The court provided proponents with an opportunity to identify a harm they would face "if an injunction against Proposition 8 is issued." Proponents replied that they have an interest in defending Proposition 8 but failed to articulate even one specific harm they may suffer as a consequence of the injunction....
More astute legal minds than mine weigh in here:
This now goes up to the Ninth Circuit, where Prof. Rick Hasen has noted that this month's Motions Panel (where the request for stay will be heard) is a fairly liberal one. If they deny the request for stay, it can be appealed to the Associate Justice Anthony Kennedy, who has jurisdiction over emergency appeals from the Ninth Circuit, and he can rule on it himself and/or refer it to the full nine.
http://www.dailykos.com/...