Prop 8 Falls, Same-Sex Marriages Ceremonies Begin Again in California [VIDEO]
Just days after the U.S. Supreme Court rules against proponents of Proposition 8, California's gay marriage ban, the Ninth Circuit lifted a stay on same-sex marriages, and gay and lesbian couples began taking their vows.
"On June 28, 2013, the U.S. Court of Appeals for the Ninth Circuit dissolved the stay of the order enjoining enforcement of Proposition 8. As explained in the notice dated June 26, 2013, this order applies to all 58 county clerks and county recorders. This means that same-sex marriage is agin legal in California," siad a press release from the governor's office. "Effective immediately, county clerks shall issue marriage licenses to same sex couples in California."
The Ninth Circuit itself was even more succint, issuing only a single sentence. "The stay in the above matter is dissolved effective immediately."
The couple that brought the origial suit against Proposition 8, Kristin Perry and Sandra Stier, said their vows in a ceremony yesterday presided over by the attorney general of California, Kamala Harris.
About to marry the #Prop8 plaintiffs Kristin Perry and Sandra Stier. Wedding bells are ringing!
— Kamala Harris (@KamalaHarris) June 28, 2013
"About to marry the #Prop8 plaintiffs Kristin Perry and Sandra Stier. Wedding bells are ringing!" Harris tweeted. Expecting an influx of couples looking to finally tie the knot, San Francisco City Hall stayed open late on Friday night, and will be open 9-5 Saturday and Sunday this weekend.
A bit of historical review explains the need for the legalese in the court documents. In 2008, California courts legalized same-sex marriage. Opponents mounted a ballot initiative to ban it, Proposition 8, which narrowly passed later that year with plenty of monetary support from groups outside California.
In 2010, District Judge Vaughan Walker rules Proposition 8 was unconstitutional and discriminatory. However, he issued a "stay," preventing the amendment from being officially repealed until the issue worked its way up through higher courts. The state of California declined to defend Prop 8 in court, so same-sex marriage opponents stepped in to do it themselves. The Ninth Circuit upheld Walker's decision, and the case continued to the Supreme Court.
The Court declined to rule on Proposition 8 itself. Instead, they said that same-sex marriage opponents did not have to right to step in when the state of California would not, that the plaintiffs didn't have "standing" to pursue an appeal. So they sent the case back to the Ninth Circuit with an order to dismiss the initial appeal.
However, Judge Walker's stay was still in effect, and many legal experts speculated it could take weeks or months to work through all the necessary protocol to allow same-sex marriage. The Ninth Circuit cut through the red tape, rescinding the stay and allowing Walker's original judgment to stand. Proposition 8 is unconstitutional and unenforceable, so same-sex marriage is legal in California.
Here's a video of Perry and Stiers' wedding ceremony: