Judge doubts gay marriage ban's backers can appeal - Yahoo! News
Now, the article does point out that legal scholars do not necessarily agree with him that this won't be looked at by the 9th Circuit, it does raise the very real possibility. It's a California law, and California is not defending the law. I would say the odds of it not making it to the 9th for an appeal is slight, but it would amuse and please me no end it the 9th said they will not hear it.AP 4am-The federal judge who overturned California's same-sex marriage ban has more bad news for the measure's sponsors: he not only is unwilling to keep gay couples from marrying beyond next Wednesday, he doubts the ban's backers have the right to challenge his ruling.
Based on his interpretation of those rules, it appears the ban's sponsors can only appeal his decision with the backing of either Gov. Arnold Schwarzenegger or Attorney General Jerry Brown, Walker said. But that seems unlikely as both officials refused to defend Proposition 8 in Walker's court and said last week they see no reason why gay couples should not be able to tie the knot now.
Walker also turned aside arguments that marriages performed now could be thrown into legal chaos if Proposition 8 is later upheld by an appeals court. He pointed to the 18,000 same-sex couples who married legally in the five months that gay marriage was legal in California as proof.
Now, on the subject of the stay, I think that should remain in place until the 9th renders some sort of ruling. While "legal chaos" is probably an exaggeration, I think it is just easier to wait it out.