August 16th, 2010
07:16 PM ET

Court blocks same-sex marriage in California

A federal appeals court in San Francisco has blocked same-sex marriage in California, until it hears broader questions over the constitutionality of such marriages. The brief order from the 9th Circuit Court of Appeals set aside a federal judge's decision August 4 permitting same-sex marriages to resume.


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Filed under: California • Gay and lesbian • Proposition 8
soundoff (291 Responses)
  1. bama

    Come on – get this over with and move on. It is getting old and so am I.

    August 16, 2010 at 7:31 pm | Report abuse |
  2. Buckeye

    Ha HA!

    August 16, 2010 at 7:31 pm | Report abuse |
  3. BioHzrd

    And thus this moves closer and closer to the supreme court.

    August 16, 2010 at 7:32 pm | Report abuse |
  4. CharlieSeattle

    U.S. District Court Chief Judge Vaughn R. Walker is GAY!

    Why was he assigned the case?
    Why did he not recuse himself from the case? Because he is a ACTIVIST LIBERAL JUDGE!!

    Walker was born in Watseka, Illinois, and graduated from the University of Michigan in 1966 and Stanford Law School in 1970.[1] After serving as a law clerk for United States District Court for the Central District of California judge Robert J. Kelleher from 1971 to 1972, he practiced in San Francisco at Pillsbury, Madison & Sutro from 1972 until his September 7, 1989, nomination by President George H. W. Bush to a seat on the federal district court vacated by Spencer M. Williams.[1] Walker was confirmed by the U.S. Senate on November 21, 1989, on unanimous consent and received commission on November 27, 1989. Walker is one of two federal judges publicly known to be gay.[2]

    August 16, 2010 at 7:32 pm | Report abuse |
    • BioHzrd

      He was considered too conservative for the Reagan is he a liberal activist?

      August 16, 2010 at 7:34 pm | Report abuse |
    • Jeremy

      So, using your logic, straight judges should not rule on cases involving straight people? Just checking....

      August 16, 2010 at 7:40 pm | Report abuse |
    • Involved

      And yet the proponents of Prop 8 didn't ask him to be recused either. So they apparently didn't have an issue with his ability to judge so why should you?

      August 16, 2010 at 7:42 pm | Report abuse |
    • D

      You're an idiot. If he were straight, does that mean he would be against gay marriage?

      August 16, 2010 at 7:44 pm | Report abuse |
    • wilson

      brilliant argument charlie, you must have been top of your law class at Harvard. I'm sure you would love to ensure that black judges can't preside over white people as well. GFY

      August 16, 2010 at 7:49 pm | Report abuse |
    • Peter

      Judge Walker is Gay. So why can't he rule? Do you expect a black judge to recuse himself from a civil rights care involving black vs. white? Or does the white judge need to recuse HIMself? Can woman judge rule in an aborting case? What's your point here???

      August 16, 2010 at 7:53 pm | Report abuse |
    • AndyTheGameIventor

      To borrow a phrase from the Starkist Tuna commercials, "Sorry Charlie."

      You're point that Judge Walker is gay is apparently accurate. The suggestion that he should have recused himself, however, makes the point that Gay-rights advocates want to make... that he could be biased because the issue affects gay people, not straight people. Prop 8 proponents claim that this issues is about gays redefining marriage for straights, but the suggestion that Judge Walker was biased rips that argument to shreds. You would need to first admit that Prop 8 is only really about gays, then you can try to argue that a gay judge was biased in favor of it.

      August 16, 2010 at 8:08 pm | Report abuse |
    • amanda

      If a judge should have to recuse himself because he is gay, shouldn't the straight judges have to recuse themselves as well? After all, this is basically a case of straight vs gay. Not to mention that there are more straight judges than gay ones, so the straights already have an advantage.

      August 16, 2010 at 8:13 pm | Report abuse |
    • Kurt

      What is up with people believing everything they read on Wikipedia? I just read last week where the judge was rumored to be gay? Now this week it says he IS gay...why would you believe this ridiculous website without your own research???

      August 16, 2010 at 8:19 pm | Report abuse |
    • omniverse

      Its simple, if you benefit from the ruling, you shouldn't be ruling. Just like a husband judge rulling over a case that the wife is the plaintiff/defendant.

      August 16, 2010 at 8:25 pm | Report abuse |
    • Chandler

      TO CHARLIE SEATTLE: He isn't an activist judge...he is just following over 40 YEARS of precident. The Supreme Court ruled in Loving V. Virginia that marriage is "basic right of man" and can not be interefered with by the states.

      August 16, 2010 at 8:28 pm | Report abuse |
    • omniverse

      Was it a black judge or a pastor judge who ruled over the slavery case or civil rights case? Was it a woman who ruled over woman's rights cases?

      August 16, 2010 at 8:36 pm | Report abuse |
    • Paul

      Not at all like a husband ruling on his own divorce. We don't even know if Walker wants to get married. The only reason to recuse is if the judge in question doesn't think he can rule fairly. It's insulting to suggest that a Black judge or a Female judge can't rule fairly on cases involving Black people or women, why are gays any different?

      I get that you are looking for a reason to overturn a decision you don't believe in but the reason you put forward is poor. If you took the time to read the decision, you'd see that Walker is protecting the rights of individual Americans to marry who they choose. No special right; just the same as everybody else.

      August 16, 2010 at 8:42 pm | Report abuse |
    • Kurt

      I'm sure it wasn't a black judge or woman judge in those instances because they wouldn't have had the right to be in those jobs. Gays and Lesbians can hold those jobs! For now anyway until some right wing nut job decides we shouldn't be able to have jobs either...oh wait it is already legal to be fired for being gay in most states

      August 16, 2010 at 8:43 pm | Report abuse |
    • Ash

      So what? Just because he's gay doesn't mean he isn't capable of fairly judging this case. We could say the same thing about a straight judge. Would they not have a bias? What about a straight, Christian judge? Why do conservatives think everyone who doesn't agree with you is a liberal activist whatever.

      August 16, 2010 at 8:50 pm | Report abuse |
    • Ash

      omniverse, then the Judge who overturned the drilling moratorium should have excused himself. He reported owning stock in numerous companies involved in the offshore oil industry , including Transocean.

      August 16, 2010 at 9:02 pm | Report abuse |
    • sonmore

      So women judges should refrain from handling abortion cases? Why was Judge Ito not reclused in presiding over the OJ case? Seattle is considered among the brightest cities in the US and you are giving it a bad image!!!!! LOL

      August 16, 2010 at 9:02 pm | Report abuse |
  5. JORGI

    Really? Everyone has a right to get a divorce! Get with it Cali

    August 16, 2010 at 7:33 pm | Report abuse |
  6. David

    I can't wait to see the evidence that has that proves allowing gays to get married harms them directly...I mean didn't we just go through a lengthy trial where they had no evidence..jeez... One of these days people will stop worrying about 2 consenting law abiding tax paying adult citizens getting married. Talk about a group of self-righteous people thinking they have the right to stop gay marriage cause they don't approve. Aww poor bigots, I don't like cheating spouses, the bible says lets stone em, and since they are actually destroying the marriage shouldn't it be illegal for them to remarry? I mean the bible says they are an abomination...And they are destroying the fabric of marriage. I think those people should not be allowed to vote on marriage. If you have been divorced cause you cheated, if you were not pure on your wedding night, if you have been married multiple times, you have no say, bc you have already done a great job at destroying your marriage and splitting up your kids and so on and so on....

    August 16, 2010 at 7:33 pm | Report abuse |
    • Cmon Sense

      Stop quoting scriptures you know nothing about. Let me tell you how backwards and upside down the gay mentality is........ Take all the gay people, plant them in a community of their own and let them have their way like it is paradise on earth. Now tell me how many more generations you see coming out of that community. IT IS A MENTAL CONDITION that seems to be humanely tolerable by today's society and we shouldn't try to make it a norm by legalizing it and showing coming generations that it is alright to be in a same-gender union.
      My story....... and I'm sticking to it.

      August 16, 2010 at 8:21 pm | Report abuse |
    • midwest

      So by your standard biblically wouldn't it be true that the gay community is sinning against god. Adulterers and gays fall into the same pot. While this is a civil rights issue a majority voted against gay marriage as it is their right. Politically our republic was founded on majority rule. Hopefully one day we can see equality on this but as long as the people's decisions are put to a vote and are influenced by Biblical mores we should still try to have a civil discourse or just allow minority rule by a few. Oh wait that sounds like living in Iran.

      August 16, 2010 at 8:23 pm | Report abuse |
    • ManzWorld

      " 2 consenting law abiding tax paying adult citizens getting married. " Like an adult or even juvenile brother and sister, mother & son, father & daughter, grandma & grandson... or grandma & granddaughter? Hmmm, why not roommates for the tax benefits? Isn't that being equal to all or are you only interested how it's equal for you? There is meaning being the word Marriage. What is really sad is laws like Prop 8 have to be voted on and passed difine it.

      August 19, 2010 at 4:53 pm | Report abuse |
  7. NotPoliticallyCorrect

    Awwwwwwwwwwwwwwwwww, No gay weddings. Spin this any way you want to, but decency won this round and will continue to defeat the militant "gay mafia".

    August 16, 2010 at 7:33 pm | Report abuse |
    • Disgusted at the hate

      Who appointed you the arbitor of "decency?' The bible states, "judge not" and "what you have done to the least of my breathern you have done unto me." Or does your religion leave out those words of decency in order to let you know who you can hate today?

      August 16, 2010 at 7:56 pm | Report abuse |
    • JUNIOR

      Hey! as you know, now day "CHRISTIANITY" only looks at the parts of the bible they CHOOSE TO, and those are only the ones that are convenient to them... That's why they can so easily say that been gay is a choice, just because is so easy for them TO CHOOSE what part of the bible is worth to respect and which is not...

      August 16, 2010 at 7:59 pm | Report abuse |
    • johnnyb52

      Excellent point!

      August 16, 2010 at 8:01 pm | Report abuse |
    • johnnyb52

      Only the devil twists the words of the bible as you have.

      August 16, 2010 at 8:02 pm | Report abuse |
    • HahaReligion

      People like you johnny.....scare the living crap out of me.

      August 16, 2010 at 8:18 pm | Report abuse |
    • Kevin D

      Only the fool believes words written by man claiming to commune with supernatural forces.

      August 16, 2010 at 8:26 pm | Report abuse |
    • jerry

      hey kevin want to know what else a fool has said"A FOOL HAS SAID IN HIS HEART THAT THERE IS NO GOD"

      August 19, 2010 at 12:36 pm | Report abuse |
    • undisclosed

      Try reading the Bible and not picking and choosing what you would like to quote. I doubt if you knew what exactly the Bible says regarding your sin that you would continue quoting it. People are amazing how they will take things out of context. The same Bible you are trying to reference also has a lot to say about what marriage truly is...try looking that up sometime.

      August 16, 2010 at 8:30 pm | Report abuse |
    • undisclosed

      "Disgusted at the hate"...the ironic part of what you are stating is that there are many things that God hates. Hebrews 1:9 states how God hates iniquity. God is disgusted with sin, especially this sin of man and man or woman with woman. God calls it an abomination. So if you guys try to state that God tolerates are wrong. The fool is the individual who says there is no God but the Bible says every knee shall bow and every tongue shall confess that Jesus Christ is Lord! Everyone shall give an account and at THAT DAY you will not be able to excuse yourself. Better love righteousness and HATE iniquity!

      August 16, 2010 at 8:44 pm | Report abuse |
    • JUNIOR

      GOD did not call it an ABOMINATION, MAN KIND called it so, JUST like today, man has always wanted to rule and decide for others and to make it believable, has always used GOD as a scarecrow to intimidate and push fear into people to have them controlled and doing what they considered or liked others to do...

      August 16, 2010 at 9:18 pm | Report abuse |
    • JUNIOR

      How can GOD hate a man for loving another man??? YET, you get two man kill each other in a BOXING RING and everyone applauds and hails... Hypocrites...

      August 16, 2010 at 9:20 pm | Report abuse |
  8. johnnyb52

    I love every person without regard, but that is not the issue. SINCE the beginning of time its been between a man and woman PERIOD. It's against nature and evolution and natural selection and common sense. Its is a sign of a self destructive country. We have been the greatest nation on earth for a reason, this is one. Every country that allows it is a lesser nation. We have not allowed it for over 2 centuries and we are no Iran. Keep it that way.

    August 16, 2010 at 7:34 pm | Report abuse |
    • Chaos

      Translation: You're anti-gay because you think it's "icky".

      August 16, 2010 at 7:43 pm | Report abuse |
    • David

      Hugh Hefner marrying a 18 yo playmate is unnatural and icky..but he can do it..

      August 16, 2010 at 7:48 pm | Report abuse |
    • Adam

      Could you imagine if all the women only married old men for money, the world would go extinct! Talk about detrimental to the world. Maybe we should vote to ban people older than lets say 80 from marrying anyone younger than lets say 30...I mean since we can vote on which marriage is best!... I mean isnt the sighte of an 80 yo granpappy and your 18 yo daughter getting married so cute?

      August 16, 2010 at 7:53 pm | Report abuse |
    • AnneSD

      Um, Johnny, do you really want to stick with that particular example? Iran not only doesn't allow gay marriage, they execute gays. So are you saying we should be more like them? And when you say that every nation that allows gay marriage is lesser - lesser than what? Iran? North Korea? Thanks, but I'd rather not be compared to them.

      August 16, 2010 at 8:02 pm | Report abuse |
    • Raytheist

      Please... study some history. Marriage has always been a legal contract, not exclusively religious, but established by the society in which the marriage was recognized. Marriage has been defined and redefined over and over throughout history.

      August 16, 2010 at 8:02 pm | Report abuse |
    • twirt

      Hey, congratulations on your own court victory, Mr. Phelps......

      August 16, 2010 at 8:18 pm | Report abuse |
    • Nicco123

      Before emperor constantine came along with his Christian ways, gays were allowed to get married. When he showed up if you were gay you were executed...... Just saying..... gay marriage was around until Christianity crushed it.

      August 16, 2010 at 8:27 pm | Report abuse |
  9. gaysRnasty

    Thank god they blocked it....nothing worse than a man putting his privates in another mans hole where he defecate's from....being gay is a sign of mental illness...these people don't need to get married they need some help

    August 16, 2010 at 7:34 pm | Report abuse |
    • Chaos

      Thank you for being so eloquent. PEOPLE ARE ANTI-GAY BECAUSE THEY THINK IT IS ICKY. Not because God says so. Not because of morality. Because they think it is *icky*. Nothing more than that.

      August 16, 2010 at 7:43 pm | Report abuse |
    • David

      well I think it's "icky" when a man spills on his wife's face....... I mean since we are peeping in windows and all..

      August 16, 2010 at 7:46 pm | Report abuse |
    • Chaos


      August 16, 2010 at 7:50 pm | Report abuse |
    • jerry

      chaos.dude its called conviction wich is a very good thing to have its called knowing the truth its called haveing firm belief in something and ya ITS CALLED MOORRAALLIITTYY

      August 19, 2010 at 10:28 am | Report abuse |
    • Richard

      Why don't you try to read a book?

      August 16, 2010 at 7:54 pm | Report abuse |
  10. cc

    just give it to them...they've been repressed forever – the weird part to me is they've existed since the beginning of time and i don't believe it's a choice...whoever does think it's a choice, tomorrow morning when you wake up, just try to make the CHOICE to be gay...i think you'll find it difficult...

    August 16, 2010 at 7:34 pm | Report abuse |
  11. JAM

    Gay marriage and illegal immigrants has the federal court system extremely busy these days. Can’t we all just hump each other and get along!

    August 16, 2010 at 7:34 pm | Report abuse |
  12. bailoutsos

    What happened to "Life, liberty, and the pursuit of happiness" ? Oh, I guess that only applies to certain people.

    August 16, 2010 at 7:35 pm | Report abuse |
  13. Bahiamar

    I hope this issue will go as far as the Supreme Court and that they will issue a judgement with finality, whatever decision it may be.

    August 16, 2010 at 7:36 pm | Report abuse |
  14. Chaos

    first they ignore you. then they ridicule you. then they fight you.

    ...then you win.

    -mahatma gandhi

    August 16, 2010 at 7:36 pm | Report abuse |
  15. O in the Republic of Texas

    See what happens when we let age and nationality be the only criteria for elected officials? Get the F(&*(& out of the personal lives of people and get on with the bigger issues facing this country. While I am personally staight, I have no understanding whatsoever what role the government plays in who I choose to spend my life with. We have illegal immigration, a HUGE deficit, a miserable jobs creation environment and scads of other issues to focus on. As soon as a politician ventures into personal liberties; IMPEACH THEM IMMEDIATELY FOR THEY ARE NO LONGER OF ANY VALUE. Live and let live on the personal level, only legislate on the higher plain.................Duh.

    August 16, 2010 at 7:38 pm | Report abuse |
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