Federal Judiciary

Prop. 8 ruling appealed

By Akin Gump Supreme Court Practice Group

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.

Full post as published by SCOTUSBLOG on August 06, 2010 (boomark / email).