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9th Circuit Stays Order Striking Down Proposition 8; Seeks Briefing On Standing

By Howard M. Friedman

The U.S. 9th Circuit Court of Appeals today in Perry v. Schwarzenegger entered an order (full text) granting a stay during the appeal process of the district court's order that enjoined enforcement of California's Proposition 8. (See prior posting.) The court also ordered that the appeal be expedited and that it be scheduled for argument during the week of December 6, 2010.  Finally, it ordered appellants to include in their opening brief a discussion of why the appeal should not be dismissed for lack of standing.  The stay means that same-sex marriages will continue to be banned in California, at least until the federal appeals court rules in the case.  The San Francisco Chronicle, reporting on the decision, said that several counties had been planning to keep clerks' offices open late on Wednesday to handle the expected rush of same-sex couples seeking to be married. [Thanks to Empty Wheel for posting the text of the order.]

Full post as published by Religion Clause on August 16, 2010 (boomark / email).