Proponents of Proposition 8,
California's gay marriage ban, chided Chief U.S. District Judge
Vaughn Walker's ruling that struck down the measure in their
emergency appeal to block gay marriages.
Walker declared Proposition 8
unconstitutional because it violates the right of gay men and
lesbians to equal protection and due process. In a ruling announced Wednesday, Walker put his decision on hold until Thursday, August 18
at 5PM. Gay marriages would resume in California if the Ninth
Circuit Court of Appeals does not act by that time.
In their emergency appeal to block gay
marriages, Protect Marriage, the sponsor of the measure, suggested
Walker's ruling was not impartial.
“The district court simply ignored
virtually everything – judicial authority, the works of eminent
scholars past and present in all relevant academic fields, extensive
documentary and historical evidence, and even common sense –
opposed to its conclusions,” the filing says.
“Indeed, even though this case
implicates quintessential legislative facts … the district court
focused almost exclusively on the oral testimony presented at trial.”
“The district court's treatment of
the trial testimony, moreover, was likewise egregiously selective and
one-sided,” the lawyers said in their 95-page filing.
Proponents also countered that Walker
had defamed the people of California when he ruled that Proposition 8
supporters were motivated by their dislike of gay men and lesbians.
The filing pleads the court to stay the
ruling before the August 18 deadline to “avoid the confusion and
irreparable injury that would flow from the creation of a class of
purported same-sex marriages.”
In ruling against a permanent stay,
said proponents might not have legal standing to appeal the case
because they are not the named defendants in the case. Governor
Arnold Schwarzenegger and Attorney General Jerry Brown, the official
defendants representing the state of California, have refused to
defend the case and have said they would not appeal.