On August 4, 2010 United States district court Judge Vaughn R. Walker overturned Proposition 8 on the basis that it violated both the Due Process and Equal Protection clauses of the United States Constitution. He issued an injunction prohibiting enforcement of Prop 8 pending a review by the Ninth Circuit Court of Appeals. However, on August 16, 2010, the United States Court of Appeals for the Ninth Circuit indefinitely extended the District Court's stay, stopping new same-sex marriages in the state of California pending appeal. It also scheduled an accelerated time table for hearing an appeal of Walker's ruling. In February of 2011 the California Supreme Court was asked to review the appeal and stay, which it has started with oral reviews on September 6, 2011.
By dropping out of the effort to repeal Prop 8, Equality California has left a void in the effort to repeal the proposition, stating that, “[G]iven what we know about public opinion and the significant challenges of the current political and economic climate, Equality California will not lead an effort to return to the ballot in 2012 to overturn Proposition 8.”
Another advocacy group, Love Honor Cherish, said it would “fill the void” if Equality California “abdicates their responsibility to fight for equality for the LGBT Community in California and to honor their prior commitments,” according to Tom Watson, the organization's acting executive director.
We hope that Prop 8 will eventually be overturned and same-sex marriage in California will become a positive part of the history of equality in hte LGBTQ community.