Bil Browning

No, Gay Marriage Isn't Legal in California Again

Filed By Bil Browning | August 27, 2012 5:00 PM | comments

Filed in: Living, Marriage Equality
Tags: gay marriage, Prop 8, Prop. 8, same-sex marriage, Supreme Court

There was some excitement in the blogosphere today after Buzzfeed's Chris Geidner reported that aThumbnail image for prop-8jpg-3ca7521696a498bd.jpg trial judge in California ordered the Prop 8 case closed.

The trial court judge in California who has taken over hearing the federal court case challenging Proposition 8, the state's amendment limiting marriages to one man and one woman, ordered the case closed today - which would allow same-sex couples to marry in California. The couples, however, will have to wait on the Supreme Court to be able to marry.

Unfortunately, as is the case with most aspects of the law, it's not very clear what it really means. Thankfully, we have NCLR's Shannon Minter to explain it for us.

"This appears to simply be an administrative order for the clerk to close the file and formally enter judgment in the plaintiffs' favor. It does not mean that couples can start getting married," he said. "Jurisdiction over the case remains exclusively in the 9th Circuit, which has said that its decision striking down Prop 8 will not go into effect until after the U.S. Supreme Court rules on the Proponents' request that the Supreme Court hear the case."

If the Supremes don't take the case when they return, marriages could resume in October. Don't get too excited and rush out to buy rings and reserve a florist. It's just housekeeping.

Nothing to see here, folks. Move along.


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