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]


  1. Rowan says

    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…..

  2. Mike says

    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.

  3. Steve says

    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.

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