9th Circuit, Gay, Gay Marriage, Lesbians, Weddings

Breaking: Ninth Circuit Issues Stay Pending Appeal in Prop 8 Case, Schedules Oral Arguments for December

Judge Sidney Thomas

The three-judge motions panel — consisting of Judges Edward Leavy, Michael Daly Hawkins, and Sidney Thomas — has issued a stay pending appeal in Perry v. Schwarzenegger, the case in which Judge Vaughn Walker (N.D. Cal.) struck down Proposition 8’s ban on gay marriage in California.

More about the ruling and a link to the order, after the jump.

The briefing schedule has been expedited, oral arguments will take place in early December, and the court wants briefing on the issue of standing. From the order:

Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California.

The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997).


So it looks like same-sex marriages won’t be happening in California anytime soon. Stay tuned.

You can see the original order here.

Court Halts Calif. Gay Marriages Pending Appeal [AP via ABC News]
Perry v. Schwarzenegger: Grant of Stay Pending Appeal [U.S. Court of Appeals for the Ninth Circuit]

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