Prop. 8 appellants don't even have standing to appeal, judge writes

The second factor asks whether proponents will be harmed if enforcement of Proposition 8 were enjoined. Proponents argue that irreparable harm will result if a stay is not issued because “a state suffers irreparable injury whenever an enactment of its people * * * is enjoined.” Doc #705 at 9-10 (citing Coalition for Economic Equity v Wilson, 122 F3d 718, 719 (9th Cir 1997)). Proponents, of course, are not the state. Proponents also point to harm resulting from “a cloud of uncertainty” surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved. Doc #705 at 10. Proponents have not, however, alleged that any of them seek to wed a same-sex spouse. <emphasis added> Proponents admit that the harms they identify would be inflicted on “affected couples and * * * the State.” Id. Under the second factor the court considers only whether the party seeking a stay faces harm, yet proponents do not identify a harm to them that would result from denial of their motion to stay.