Same-sex marriages will not be going forward this week in California. The Ninth U.S. Circuit Court of Appeals has granted a request by supporters of Proposition 8 to stay Chief U.S. District Judge Vaughn Walker's order that would have barred the state from enforcing Proposition 8.
The appeal has been fast-tracked and will be heard in San Francisco on December 6th.
Ted Olson and David Boies will not appeal the order to the U.S. Supreme Court because the defendants will be forced to address a crucial issue: Standing.
[T]he appeals court asked
the ballot measure's lawyers to offer arguments on why they have the
legal right to appeal when the state's top two officials, Gov. Arnold
Schwarzenegger and Attorney General Brown, refuse to defend the law and
say it is unconstitutional. Gay rights lawyers and San Francisco city
officials have argued in court papers that the Proposition 8 campaign
does not have legal standing to appeal, and Walker himself questioned
whether they do in his order last week.
Attorney General Jerry Brown—who filed a motion over the weekend asking to lift the stay—and Gov. Arnold Schwarzenegger will not appeal today's decision.
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