Judge Vaughn Walker says Prop 8 will no longer apply in California as of 5 p.m., Wednesday, August 18.
Back on August 4, Walker ruled that the state's ban on same-sex marriage was unconstitutional. He then issued a stay of his own ruling to give the defense time to argue why Prop 8 should remain in place while it crawls up the appeals ladder toward the U.S. Supreme Court.
It might have helped if anti-gay side actually had a dog in the fight. Today Walker wrote:
Because proponents make no argument that they -- as opposed to the state defendants or plaintiffs -- will be irreparably injured absent a stay, proponents have not given the court any basis to exercise its discretion to grant a stay.
The new decision gives defenders of Prop 8 time to appeal to the 9th Circuit Court of Appeals, which could again stay Walker's original ruling.