Judge to rule on stay Thursday in Prop 8 case


Local gay activist Scotti Maldonando says he'll be one of the first ones in line to get hitched.

"Well as soon as the secretary of state gives instruction to county clerks offices around the state to start issuing marriage licenses to same-sex couples, I will call my partner Rob and we will go down to the county clerks office and be married as soon as possible."

But Pastor Jim Franklin of Cornerstone Church believes it would be prudent for Judge Walker to keep the stay order in place.

"If he does not stay his decision then basically he's showing that an activist judge. He his saying I don't care what the higher courts going to do. I'm going to implement my will instead the will of the people." said Franklin.

Prop 8 was passed by California voters in 2008, which defined marriage only between a man and woman. Last week judge walker ruled that the majority rule is not as important as people's rights and that prop eight violated the equal protection clause of the 14th amendment. ABC 30 legal analyst Tony Capozzi thinks judge walker will favor gay marriage opponents this time around.

"If he lifts it you could count on thousands of marriages taking place immediately. And then if the court of appeals then decides to reverse his decision. What does it do to those marriages? It puts them in limbo." Capozzi said.

So far no date has been set for the ninth circuit court of appeals to hear this case.

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