9th Circuit Stays Prop 8 Ruling

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9th Circuit Stays Prop 8 Ruling

Special Report - August 16, 2010
Good news for pro-family citizens has finally come out of California, which will not become the sixth state in the nation (plus D.C) to legalize same-sex “marriage” this week. That’s because late today the U.S. Court of Appeals for the 9th Circuit issued a stay of U.S. District Judge Vaughn Walker’s controversial ruling earlier this month in Perry v. Schwarzenegger, which struck down California’s marriage amendment, Proposition 8. As we previously reported, Judge Walker had denied a request by attorneys for ProtectMarriage.com to stay his decision until the appeals process could move forward. Instead, Judge Walker ordered that his decision take effect beginning August 18, which would have allowed the State to begin issuing marriage licenses to same-sex couples this Wednesday. ProtectMarriage.com, including attorneys with the Alliance Defense Fund, filed a motion with the 9th Circuit, asking the appeals court for a stay until they could appeal the ruling. In an order issued August 16, a three-judge panel of the 9th Circuit reversed Judge Walker’s ruling, implementing a stay, and, according to ADF, “issued an expedited appeal schedule in the case with the opening brief due Sept. 17 and oral argument to be heard the week of Dec. 6.”

“It made no sense to impose a radical change in marriage on the people of California before all appeals on their behalf are heard, so the 9th Circuit’s decision is clearly the right call,” said ADF Litigation Staff Counsel Jim Campbell in a press release. “Refusing to stay the decision would only have created more legal confusion surrounding any same-sex unions entered while the appeal is pending. This case has just begun. ADF and the rest of the legal team are confident that the right of Americans to protect marriage in their state constitutions will ultimately be upheld.”

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