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August 16, 2010

9th Circuit Stays Prop 8 Ruling

No same sex marriages in CA for the foreseeable future.

The decision, issued by a three-judge panel of the 9th U.S. Circuit Court of Appeals, trumps a lower court judge's order that would have allowed county clerks to begin issuing marriage licenses to same-sex couples on Wednesday.

Lawyers for the two gay couples that challenged the ban said Monday they would not appeal the panel's decision on the stay to the Supreme Court.

In its two-page order granting the stay, the 9th Circuit agreed to expedite its consideration of the Proposition 8 case. The court plans to hear the case during the week of Dec. 6 after moving up deadlines for both sides to file their written arguments by Nov. 1.

The court did ask parties to brief the standing issue (pdf). The original suit was filed against Arnold Schwarzenegger in his capacity as Governor of California but both he and California Jerry Brown essentially violated their oaths and refused to defend the voters of the state. The sponsors of the Prop 8 measure were able to step in and defend the law at trial but now there's a question as to whether they have standing to appeal.

Yeah, I don't get it either but hey justice and common sense have very little to do with the law.


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posted by DrewM. at 07:51 PM

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