Prop. 8 ruling appealed
on Aug 6, 2010 at 3:47 pm
FURTHER UPDATE 9:05 p.m. The opponents of Proposition 8, together with city and county officials in San Francisco, joined Friday evening in opposing any delay in enforcing the judge’s ruling against the ban on same-sex marriages. No harm will come to anyone else, or to the institution of marriage, if same-sex couples are now allowed to wed, their filing contended.
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UPDATE 6:05 p.m. State officials in California, urging the federal judge not to put his ruling against Proposition 8 on hold, said they would have no difficulty resuming the issuance of marriage licenses to same-sex couples, as they did before the ban on such marriages was adopted by state voters. The opposition by the governor and other officials is here, and the opposition of the state attorney general is here. The opponents of the ban have not yet filed; they, too, will oppose a stay.
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The backers of California’s Proposition 8 ban on same-sex marriage have started their appeal to the Ninth Circuit Court of the trial judge’s ruling nullifying that ban under the federal Constitution. The notice of appeal was filed right after the ruling was issued on Wednesday; it is here.
At the Circuit Court, the case (Perry, et al., v. Schwarzenegger, et al.,) has now been docketed as 10-16696. That Court has now issued a scheduling order. Under that order, the case will not be fully briefed until late December; any extensions of filing dates must have the court’s approval.
In the meantime, the trial judge, U.S. District Judge Vaughn R. Walker, is expecting briefs later today on whether he will put his decision on hold while the proponents of Proposition 8 pursue their appeal. The blog will cover the developments on the stay application.
