Prop 8 Proponents Petition Supreme Court to Halt Gay Marriages in California

Prop 8 proponents have filed a motion with the Supreme Court urging it to halt gay marriages in California, the AP reports:

SupremesAttorneys with the Arizona-based Alliance Defending Freedom claim in the petition that the 9th U.S. Circuit Court of Appeals acted prematurely and unfairly on Friday when it allowed gay marriage to resume by lifting a hold that had been placed on same sex unions.

"The Ninth Circuit's June 28, 2013 Order purporting to dissolve the stay…is the latest in a long line of judicial irregularities that have unfairly thwarted Petitioners' defense of California's marriage amendment," the paperwork states. "Failing to correct the appellate court's actions threatens to undermine the public's confidence in its legal system."

The application was submitted to Justice Kennedy, who is the Circuit Justice with responsibility for the Ninth Circuit Court of Appeals, SCOTUSblog adds:

Whether the emergency request to Justice Kennedy can succeed is unclear. But it is unlikely. As a formal matter, the Ninth Circuit did not put the Supreme Court’s ruling in the Proposition 8 case into effect prematurely. The Supreme Court held that the proponents of Proposition 8 could not file appeals in federal court. That ruling says nothing about imposing or lifting a stay on same-sex marriage. The court of appeals likely has the authority to act with respect to its own previously entered stay, which is a form of controlling its own docket. Although the court of appeals had previously stated that they stay would remain in effect until the Supreme Court’s ruling was final, it presumably can change its mind.

Put another way, before the Supreme Court issued its judgment the Ninth Circuit could not issue a new substantive ruling on Proposition 8′s constitutionality or the standing of the parties to appeal. The court of appeals lacked jurisdiction over those issues while the case was in the Supreme Court. But I am not aware of authority for the proposition that the court of appeals lacked the power to modify its own stay.

Also important, as a practical matter, an order from the Supreme Court temporarily barring same-sex marriage in California would seem to have little practical effect other than to delay the inevitable. And it could call into question the few marriages already conducted starting late yesterday.


  1. Eddie says

    “Alliance Defending Freedom” – In what warped, twisted mind is denying a specific group of people the right to do what everyone else can do “defending freedom”? It’s the exact opposite.

  2. Will says

    Hahahaha. O.M.G. Stop already. Really? Move on.

    These anti-gay bigots have had over 4 plus long years to try to clarify the harm to anyone over this ruling and couldn’t.

    I personally have listened to this BS my entire adult life and these recent decisions have been long awaited and earned by everyone in the LBGT community.

    Western civilization did not burn down.

    It is racist bigotry. Plain and Simple. No other reason.

  3. bobbyjoe says

    They’ve lost and will continue to lose, but if dumb-*ss bigots want to keep uselessly pouring their money into the pockets of greedy charlatans, far be it from me to stop ’em.

  4. says

    I heard a RI NOM spokesperson on Canadian radio yesterday saying that their first mission was to prevent gay marriages from happening again in CA, because the Prop8 decision was only the beginning and not a victory for the gay side–they were still confident.

    Obviously, it had been taped before Friday. Oh, the dashed hopes of the homophobes!! Desperately and futilely they will try to stop what can’t be stopped. They’re getting new lessons in marginalization. Karma, folks!

  5. nn says

    From SCOTUSblog: New gay marriage challenge fails

    Supreme Court Justice Anthony M. Kennedy turned down at midday Sunday a request to stop same-sex marriages from occurring in California. Without comment, and without seeking views from the other side, Kennedy rejected a plea that the Ninth Circuit Court of Appeals did not have the authority to put into effect last Friday a federal judge’s order that allowed such marriages. The plea had been made on Saturday by the sponsors of California’s “Proposition 8,” a voter-approved measure that allowed marriage only between a man and a woman.


    They remind me to earthworms under the sun that instead of digging into their wet dirt again, wiggle and die slowly. Now that I think of it, let’s them fry themselves and be more pathetic so next time the trauma prevents them to defend the impossible.

  7. JONES says

    This is petty grandstanding for press and fundraising.

    Speaking of which, anyone heard anything from Coulter since SCOTUS?
    Last I heard she was ruing the day she ever heard the word ‘gay’.

  8. e.c. says

    Give. It. Up. You “lost” when Judge Walker ruled that Prop 8 was unconstitutional. Everything you’ve done since then has just been delaying the inevitable.

  9. says

    Justice Kennedy has denied the “petition”, without comment per SCOTUSBlog:

    “Supreme Court Justice Anthony M. Kennedy turned down at midday Sunday a request to stop same-sex marriages from occurring in California. Without comment, and without seeking views from the other side, Kennedy rejected a challenge to action by the Ninth Circuit Court on Friday implementing a federal judge’s ruling allowing such marriages.”

  10. Bollux says

    First of all, the injunction was issued by another court. And that court as a COURTESY put a stay on their own decision. Then the Supremes declined to rule in the case on standing. So there was no need for a 25-day waiting period, and the lower court can change its mind and reverse its own stay any time it wanted to – and they did. There was no procedural “lawlessness”. The Ninth Circuit was not bound to any law when it issued the stay on the Prop 8 injunction.

    This move was a bunch of desperate sore losers wanting to wring every last second of their insane obsession with discrimination. Sad.

  11. woodroad34d says

    “Alliance Defending Freedom” — isn’t that a misnomer, misdirection, falsehood? Isn’t lying a sin? Freedom is word that includes le tout monde unless it has an adjective of some kind in front of ‘freedom’. Who’s ‘freedom’ are they defending? Can’t they do whatever they want to do before, now , and ever after? This is what happens to Reagan’s closing mental hospitals. He must’ve felt lonely.

  12. Craig Nelson says

    The Supreme Court ruling was that the 9th Circuit erred grievously by taking the case itself engaging a huge delay while they asked the CA supreme court for a standing answer. According to SCOTUS they should have immediately turned the case down. Also there was no need for a stay in the 1st place. As confirmed by the same SCOTUS ruling same Sex couples marrying doesn’t harm anyone. I could understand a stay back them but now 12 other states plus DC and quite a few other countries also offer marriage. So there’s now no compelling rationale for a stay.

    In my view there were 5 votes for DIG and a standing ruling hence Scalia joining in. SCOTUS were never going to rule on merits. At least 5 votes were happy for marriage to resume in Caledonia.

  13. JONES says

    Justice Kennedy’s language in DOMA makes me believe that had standing not been an issue he would have voted to void Prop 8 on equal protection.
    He got it so succinctly.

    So many variables. What if these two cases on LGBT equality hadn’t come to SCOTUS at the same time? Would merits have trumped standing? Was DOMA voted on first? Did they reason that DOMA being voided would unleash a chain of ‘equal protection’ lawsuits where LGBT rights were denied or compromised?

  14. Rawn says

    @woodroad34d The “Alliance Defending Freedom” is defending the freedom to deny others their lawful constitutional and civil rights.

    Always remember the rule, in politics, everything means the opposite of its name. ie: The PATRIOT Act is something a patriot would be disgusted by, not something they would support. Likewise the Alliance Defending Freedom, would naturally be an alliance hell bent on destroying freedom.

  15. George Vreeland Hill says

    Prop. 8 is dead!
    Same-sex marriage is here.
    Face it.
    Those who want to stop it are wasting their time.
    Proposition 8 is a joke.
    Same-sex marriage is not something for people to vote on.
    It is nobody’s business who marries who.
    Just because a majority voted for Proposition 8 does not mean it should be law.
    You can’t tell other people how they should live their lives.
    Equality and freedom in this country is for all Americans regardless of race, religion, gender, sexual preference, age and on and on.
    America is based on freedom and equality.
    To deny people the same marriage rights that others have is wrong.
    Our history is full of wrongs that have been righted.
    With each step, we have become a better nation.
    This is one such step.
    Those who oppose same-sex marriage had better step aside or get run over.
    The train of progress is coming and it is full of steam.

    George Vreeland Hill

Leave A Reply