UPDATED: Ninth Circuit Denies Prop 8 Plaintiffs Request to Let Same-Sex Marriages Resume in California

The Ninth Circuit Court of Appeals today issued an order denying Prop 8 plaintiffs request to lift a stayon an injunction issued by the U.S. District Court barring same-sex couples from marrying in California.

Olson-boies Coincidentally, in his legal column this morning, our expert Ari Ezra Waldman discussed what the Ninth Circuit's decision might be regarding lifting the stay. Unfortunately, he was right that they would deny it. Check out his  column here, in which he discusses possible reasons for the decision. Ari will be updating the column shortly with some new analysis.

Here's the order, as released:

"Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time. [7691622] (KKW)"

Chad Griffin, Board President of the American Foundation for Equal Rights, released the following statement regarding the Ninth Circuit decision:

“Several weeks ago, we filed a motion with the US Court of Appeals for the Ninth Circuit asking the Court to lift its stay and allow California’s gay and lesbian couples to marry. We felt then, as we do now, that it is decidedly unjust and unreasonable to expect California’s gay and lesbian couples to put their lives on hold and suffer daily discrimination as second-class citizens while their US District Court victory comes to its final conclusion.

"It is un-American to deprive gay and lesbian couples of their fundamental constitutional right to marry. These are adults in committed, loving relationships who just want to live their lives without government interference. Last August, the US District Court declared Proposition 8 unconstitutional. We believe that the courts will permanently secure the freedom to marry for all Californians.

"AFER is committed to ensuring that all Americans have the freedom to marry."

Ninth Circuit Denies Request to Lift Stay in Prop 8 Case: ANALYSIS [tr]

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  1. what a waist of time. you are telling us nothing. this is not a story.

    Posted by: nic | Mar 23, 2011 2:17:09 PM

  2. sorry, that should have been "waste".

    Posted by: nic | Mar 23, 2011 2:18:38 PM

  3. Hmm, it looks like this whole thing was for show. Or are the conservatives winning....again??

    You need to get more gay friendly democrats in power guys.....

    Posted by: Rowan | Mar 23, 2011 2:20:03 PM

  4. At this time... Can we check in tomorrow?

    Posted by: Hal | Mar 23, 2011 2:21:15 PM

  5. Unfortunately not a surprise at all. Let's call a spade a spade: The 9th Circuit knows the lifting of the stay would be immediately appealed to the Supremes, and due to the current makeup of that court, they know the status-quo is anti-equality. That being the case, they just took the easy way out. What does this mean? It means that gay people will continue to be denied equal rights until this case gets to SCOTUS. Second prediction: The CA Supremes will rule that indeed the religious nutjobs will be able to appeal the ruling. Thank you Mormon and Catholic church for denying me my rights. If there is a hell, I'm sure a special section exists just for you. You definitely have earned it.

    Posted by: Mike | Mar 23, 2011 2:24:33 PM

  6. As said the other comments, it's politics and not law. They simply don't want to meddle too much in the political area. So they are playing it safe. Even if they have to bend and twist the law in the process.

    Posted by: Steve | Mar 23, 2011 2:27:10 PM

  7. Honestly... I could not follow the article. Too damn much double talk. Can or cannot gays get married now in the state of CA? Period.

    Posted by: Rad | Mar 23, 2011 2:42:32 PM

  8. So what does this mean in layman terms?

    Posted by: John | Mar 23, 2011 3:07:49 PM

  9. note to NIC: this is the internet, you don't need to "waist" another posting correcting your spelling on a previous one.

    Posted by: hank | Mar 23, 2011 3:24:55 PM

  10. Denies Request to Lift Stay = ???????
    I'm so confused.

    Posted by: Bobo | Mar 23, 2011 3:40:21 PM

  11. bobo and others confused, that means that there is not gay marriage in CA, but that it may change in the future.

    Posted by: me | Mar 23, 2011 4:16:39 PM

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