Proposition 8 Proponents Ask Supreme Court To Halt California Gay Marriages
Huffington Post
By LISA LEFF 06/29/13 06:29 PM ET EDT Associated Press
"SAN FRANCISCO Less than 24 hours after California started issuing marriage licenses to same-sex couples, lawyers for the sponsors of the state's gay marriage ban filed an emergency motion Saturday asking the U.S. Supreme Court to stop the weddings being performed in San Francisco.
Attorneys 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. The court lifted a hold it had placed on same-sex unions while a lawsuit challenging the ban made its way to and through the Supreme Court."
*
"Many legal experts who had anticipated such a last-ditch effort by gay marriage opponents said Friday that it was unlikely to succeed because the 9th Circuit has independent authority over its own orders, in this case its 2010 stay."
*
""As a matter of practice, most lower federal courts wait to act," Amar said. "But there is nothing that limits them from acting sooner. It was within the 9th Circuit's power to do what it did.""
*
"The Supreme Court's finding that Proposition 8's backers lacked standing to defend it left in place a trial court's 2010 ruling that the measure, which amended the California Constitution to limit marriage to a man and a woman, violated the civil rights of gay Californians.
Then on Friday, the 9th Circuit appeared to have removed the last obstacle to making same-sex matrimony legal again in California when it removed its hold on the lower court's order directing state officials to stop enforcing the ban.
The two couples who sued to overturn Proposition 8 were wed in San Francisco and Los Angeles Friday. On Saturday, dozens of couples in jeans, shorts, white dresses and the occasional military uniform filled San Francisco City Hall, where 81 same-sex couples obtained marriage licenses on Friday, as clerks returned to issue more licenses."
More...