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: Legal Pad | LA

Same-sex marriage to wait until December, says 9th Circuit

By Richard Binder

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The U.S. 9th Circuit Court of Appeals decided yesterday to put same-sex marriage on hold until at least December, when the court will hear the Proposition 8 challenge on an expedited basis and hold arguments.

The three-judge panel also ordered ProtectMarriage to address why it believes it has legal authority to appeal Judge Vaughn R. Walker's conclusions about the constitutionality of the ban. Normally, only those directly affected by a judge's order can appeal.

Prop 8 proponents have lauded the court's decision, but Loyola Law School professor Richard Hasen suggested that there were strategic reasons for opponents to support the order as well.  "If this case takes another year to get to the U.S. Supreme Court, there could be more states that adopt same-sex marriage and more judicial opinions that reach that conclusion."

Another panel of three judges is expected to rule on the appeal.

Full story at LATimes.com.

Full post as published by Legal Pad | LA on August 17, 2010 (boomark / email).

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