An order was issued today by Judge Walker in the Perry federal Proposition 8 challenge brought by attorneys Ted Olson and David Boies. The court granted the intervention of the Proposition 8 proponents and continued the Plaintiffs’ request for a preliminary injunction....
The judge’s decision makes a lot of sense on two very basic levels: (1) an injunction of Proposition 8 would mean that, immediately and during trial, same-sex marriages would be taking place in California, which would raise many difficulties both legal and practical and (2) the issues involved in granting a preliminary injunction in a case like this are not likely all that different than those to be decided in the full consideration of the case. As such, this is not an altogether surprising decision from Judge Walker.
From the SF Chronicle:
Former U.S. Solicitor General Theodore Olson, one of the lawyers representing the two couples, said Tuesday that he was not disappointed by Walker's decision. Judge Walker, Olson noted, made a point of indicating in Tuesday's proposed order that gay couples have sufficient evidence to show they have been harmed by Proposition 8.
"We are very happy. What we have wanted all along is for this case to move expeditiously to a final judgment that Proposition 8 is unconstitutional," he said.
More commentary from Pam's House Blend gives a full background to this case.