Judge to rule on status of gay marriage

August 11, 2010

Judge Vaughn Walker is scheduled to rule Thursday morning on whether or not gay marriage can resume in California. [LA Times]

The federal jurist is deciding if a hold on gay marriage in the state should continue, following his recent ruling that overturned Proposition 8, which banned gay marriage in California.

The judge is expected to issue his decision before noon.

In response to a request by Proposition 8’s sponsors, Walker granted a temporary stay of his ruling and permitted all the parties to argue whether he should postpone the effect of his ruling permanently.

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U.S. Constitution, 14th Amendment, Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Under this section of the 14th Amendment to the U.S. Constitution, if it is legal in a state for two heterosexual adults to be married it must be equally legal for two homosexual adults to be married.