Judge Walker may have struck down Proposition 8 on Wednesday in a ruling that decimated every single plausible argument against marriage equality, but that doesn't mean that marriages have recommenced. Supporters of Prop 8 have filed a motion to stay the ruling pending appeal, and the judge has yet to rule whether to grant it. But there's bipartisan pressure urging Judge Walker not to do so, and to let California ring right now. First, Democratic Attorney General and Gubernatorial nominee Jerry Brown:
Defendant-Intervenors’ argument that the Attorney General’s opposition to Plaintiffs’ initial request for a preliminary injunction supports their request for a stay pending appeal ignores the fact that there has now been a trial on the merits that conclusively demonstrated that Proposition 8 is unconstitutional. In opposing the request for a preliminary injunction, the Attorney General argued that “the parties, the Court, and, indeed, the general public would benefit” from having the constitutionality of Proposition 8 “decided on the merits following full briefing and argument by the parties.” That has now occurred.
And not to be outdone, Republican Governator Arnold Schwarzenegger--who interestingly vetoed two marriage equality bills as governor, but has now seen the light now that he's entering the lame-duck phase of his Governorship:
The Court’s decision is consistent with California’s long history of leading the way in recognizing the rights of gay and lesbian families to order their relationships and manage their day-to-day lives. For that reason, California’s public interest is served by giving the Court’s judgment effect now.
Just to recap, the Defendant-Intervenor's main argument behind the stay is that allowing marriages to proceed, and then having the right taken away on appeal, would cause irreparable harm. A harm that is somehow more irreparable than not being allowed to marry at all? We'll see what Judge Walker has to say.