The Gavel: Prop 8 Prediction, "It's Already Been Decided Folks" (Final Ruling: It's Unconstitutional, But A "Stay" Has Been Placed)

Says the one astute BMAZ at the great Emptywheel Posting Center, giving the evidence that the judge has already made a decision in Perry v Schwarzenegger.

And it's a win for Gay Rights advocates:

As a courtesy on really big opinions, so as to give counsel a chance to prepare appropriately for media response and/or immediate motions that need to be filed, courts occasionally give lead counsel on each side their draft opinion slightly ahead of public filing and release, but do so with a strict gag order so no one ever knows this happens This is something that Vaughn Walker has, from experience, a track record for doing, and I think it likely, actually almost certain, that he did just that here. Which makes the fact that the H8ter Defendant Intervenors (DIs), who propagated the hateful Proposition 8, and who oppose gay marriage, have already lodged a Motion For Stay Pending Appeal very, very telling.

PLEASE TAKE NOTICE that, should the Court enter judgment for Plaintiffs, on October 21, 2010, or as soon as the matter may be heard, before the Honorable Vaughn R. Walker, United States District Court, Northern District of California, 450 Golden Gate Avenue, San Francisco, California, Defendant-Intervenors Hollingsworth, Knight, Gutierrez, Jansson, and ProtectMarriage.com (“Proponents”) will move the Court for a stay pending appeal. In the alternative, Proponents request a limited seven-day stay of the Court’s judgment to permit them to seek a stay pending appeal from the Ninth Circuit and, if necessary, the Supreme Court.

DIs filed this Motion For Stay Pending Appeal at shortly after 6 pm Tuesday night according to the docket notice issued by the court. Exactly what they would do if they know they lost. As the Washington Post reported late Tuesday night:

Not only that, but the defendants had so many holds in their defense, and it appears that the Supreme Court would have to overturn the decision from Walker in order for the bigots to win.

Simple as that.

Update: And it has been overturned....Judge Walker has ruled that Prop 8 is Unconstitutional. The full tory to come folks.

Update 2: Unconstitutional under due process and equal protection clauses." Live feed here at ABC-7.

Update 3: Well, a "stay" has been placed on getting married immediately as being reported, so no "rush to the church to get married" is in effect yet.

In fact, the law will stay in its place until repeal, which is really frustrating. Nevertheless, once that appeal is over, then the law is gone.

Gone that is, unless the Roberts' crowd, with him being an adopted parent as Emptywheel so keenly points out, wants to be bigots indeed.

Update 3: The "stay" is for two days for the moment.