August 11, 2026

Prop 8 appeal is in

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Happening today on the left coast: Judge Walker’s Proposition 8 decision was appealed.

The backers of California’s Proposition 8 ban on same-sex marriage have started their appeal to the Ninth Circuit Court of the trial judge’s ruling nullifying that ban under the federal Constitution.  The notice of appeal was filed right after the ruling was issued on Wednesday; it is here.

At the Circuit Court, the case (Perry, et al., v. Schwarzenegger, et al.,) has now been docketed as 10-16696.  That Court has now issued ascheduling order.  Under that order, the case will not be fully briefed until late December; any extensions of filing dates must have the court’s approval.

In the meantime, the trial judge, U.S. District Judge Vaughn R. Walker, is expecting briefs later today on whether he will put his decision on hold while the proponents of Proposition 8 pursue their appeal.

About Daniel Burton

Daniel Burton lives in Salt Lake County, Utah, where he practices law by day and everything else by night. You can follow him on his blog PubliusOnline.com where he muses on politics, the law, books and ideas. He is active on social media, Republican politics, and has been named to PoliticIt’s list of the “Top-50 Utah Political Opinion Leaders” on Twitter. You can reach him directly at dan.burton@gmail.com