Proposition 8 Opponents Request Federal Appeals Court Lift Stay Preventing Gays And Lesbians From Marrying In California

The Los Angeles Times reports that attorneys challenging Proposition 8 urged a federal appeals court Wednesday to lift an order preventing gays and lesbians from marrying, and called on the California Supreme Court to hasten its review of a key issue in the case. The legal team trying to overturn the 2008 ballot measure requested that the Ninth Circuit United States Court of Appeals lift its hold on a federal district court judge’s order declaring the ban on same sex marriage unconstitutional. The request is considered a long shot. The attempt to place pressure on the judges comes as the state’s high court considers whether initiative sponsors are entitled to defend a ballot measure when state officials refuse to do so. California officials declined to appeal the ruling last August by U.S. District Court Judge Vaughn R. Walker overturning the measure. The sponsors of Proposition 8, ProtectMarriage, did appeal, but the Ninth Circuit has said it was uncertain whether they had the legal right to do so, and in turn asked the state court to rule on the so-called “standing” question as it considers Walker’s ruling. But the involvement of the state court is expected to delay a decision in the case for many months. The California court has said it would hold a hearing “as early as September,” which would delay a ruling until the end of the year. The state high court does not hold arguments in July or August. But attorneys arguing Proposition 8 say that gays and lesbians are being penalized every day a decision in the case is delayed.