9th U.S. Circuit Court of Appeals Issues Stay in Prop. 8 Case

[Sabre86]

Fox News:

Same-sex weddings in California are on hold indefinitely after a federal appeals court blocked the unions Monday while it considers the constitutionality of the state's gay marriage ban.

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.

[Valin]

San Diego Gay & Lesbian News:

NEWS ANALYSIS: Appeals court stay is just another legal hurdle in Prop. 8 case

Ari Ezra Waldman - SDGLN Legal Expert

08/16/2010

 

(Snip)

As expected, the Ninth Circuit granted a stay – a delay or postponement – of Judge Vaughn Walker’s Aug. 4 order allowing same-sex marriage. This is one of the many procedural hurdles that marriage equality will have to jump before it becomes a reality in the Golden State. But, while we should get our deposits back on any marriages planned for Aug. 18 or later, there is no reason to lose hope.

 

The Ninth Circuit is fast-tracking the appeal in this case. The three-judge panel should hear arguments in San Francisco in the first week of December. That may sound more like the glacial pace of a snail hitching a ride on the back of a turtle, but in a system where regularly scheduled appeals can take more than a year to be calendared for oral argument, this schedule is Bugs Bunny fast.

 

The court’s order specifically asked both sides to address the issue of standing.

 

Standing is a fancy legal word for the right to appeal. And, in this case, there is a substantial question as to whether the Prop. 8 proponents have standing to appeal to the Ninth Circuit.

(Snip)

[AceRimmer]

This is going to end up before the Supreme Court, because like AZ's SB1070, I have little doubt that the entire 9th Circus will rule against the will of the people.

[Argyle58]

This is going to end up before the Supreme Court, because like AZ's SB1070, I have little doubt that the entire 9th Circus will rule against the will of the people.

 

While I agree that the 9th Circus will rule against Prop 8, I'm not so sure about SB 1070. Their decision to hear the SB 1070 case AFTER the November elections says a lot about their legal opinion of the law.