Prop 8 Plaintiffs Ask 9th Circuit to Lift Stay and Allow Same-Sex Marriages to Resume in California

Plaintiffs in the federal challenge to Proposition 8 have filed a "Motion to Vacate Stay Pending Appeal" asking the 9th Circuit Court of Appeals to allow same-sex marriages to resume in California, arguing that the court's "stay can no longer be justified…"

The attorneys have also asked the California Supreme Court to expedite their case.

Afer Writes the American Foundation for Equal Rights (AFER) in a release:

Today, the American Foundation for Equal Rights (AFER) and its legal team — led by Theodore B. Olson and David Boies — filed a motion with the United States Court of Appeals for the Ninth Circuit asking that the Court immediately lift an order preventing gay and lesbian couples from marrying in California. That order, issued in August 2010, stayed the injunction issued by the U.S. District Court that barred further enforcement of Proposition 8.

This comes on the heels of a request last Thursday by AFER to the California Supreme Court to expedite the hearing of questions relating to the standing of Proponents to maintain an appeal in federal court. AFER’s attorneys urged the California Supreme Court to hear arguments in May, rather than September.

Said co-lead attorney Ted Olson: 

“We are respectfully asking the Court to lift its stay on marriage for gay and lesbian couples because it has become apparent that the legal process is taking considerably longer than could reasonably have been anticipated. It’s important to remember that the stay was originally ordered with the understanding that the Ninth Circuit would rule swiftly on the case before it. Now that the issue of the Proponents’ standing to appeal has been referred for analysis by the California Supreme Court, substantial additional, indefinite and unanticipated delays lie ahead. It’s unreasonable and decidedly unjust to expect California’s gay and lesbian couples to put their lives on hold and suffer daily discrimination as second class citizens while their U.S. District Court victory is debated further.”

9th Circuit Motion available HERE (PDF). California Supreme Court petition HERE (PDF).


  1. StillmarriedinCA says

    I’ve been saying this ever since the California Supremes announced that they wouldn’t be hearing the case until September. The defenders of Prop 8 failed to demonstrate any harm that would come to them if same-sex marriages were allowed to continue. SO LET THEM RESUME!

  2. Pete n SFO says

    Discrimination will just never go out-of-style in America. We congratulate ourselves for freedom, but as this debacle shows, it’s just a big game.

    Equality should be a no-brainer.

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