Prop. 8 marriage ban holds — for now

Dan82 · Mar 23, 2011

http://www.scotusblog.com/2011/03/prop-8-marriage-ban-holds-for-now/

The Ninth Circuit Court refused on Wednesday to lift its temporary order that bars same-sex couples from getting married in California while that appeals court is weighing the constitutionality of Proposition 8, forbidding such unions. In a one-paragraph order, found here, the three-judge panel ruled that two same-sex couples had not met the standard for lifting a court’s stay. Thus, a federal judge’s decision last August striking down the ballot measure will remain on hold for the time being.

The new order said that the motion to open the way for gays and lesbians to marry was being denied “at this time.” That seemed only to mean that the panel did not think the challengers to Proposition 8 had yet made an argument for legal relief, and was not intended as a signal that, if the appeals court ultimately decides the merits of the case, the challengers would lose...

http://www.scotusblog.com/2011/03/prop-8-marriage-ban-holds-for-now/
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Zontar · Mar 23, 2011

I'm sorry to say it, but it's going to be a long while until we see gay marriage in California at this point.

ArcusPravus · Mar 23, 2011

This is the right choice. While I beleive that the appeal will fail, even if it has to go to SCOTUS to fail, there is no gaurentee of it. It would be far worse to have many people marry in California now and have it revoked and invalidated (and those certainly would be unlike the previous same sex marriages in California) if the appeal were successful than it is to make them wait until a final verdict is issued.

Emberstone · Mar 23, 2011

ArcusPravus said: ↑

This is the right choice. While I beleive that the appeal will fail, even if it has to go to SCOTUS to fail, there is no gaurentee of it. It would be far worse to have many people marry in California now and have it revoked and invalidated (and those certainly would be unlike the previous same sex marriages in California) if the appeal were successful than it is to make them wait until a final verdict is issued.
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which is exactly why stays are put in place when appeals are expected. it is the safest route for judicial action.

Justice is slow for a reason.

Revan · Mar 24, 2011

I have only one word for this report: duh

Prop. 8 marriage ban holds — for now

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Prop. 8 marriage ban holds — for now

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