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Written by Lisa Neff, Staff writer
Apr 7, 2011
A U.S. appeals court denied a motion asking that a stay be lifted so California can resume marrying same-sex couples.
The decision from the Ninth Circuit Court of Appeals answered a series of requests from LGBT groups and plaintiffs in the landmark dispute over Proposition 8 to lift a stay imposed after a federal judge deemed the voter-approved amendment unconstitutional.
The decision from the appeals court came March 23 and cited legal precedent for denying the motions to vacate the stay while the Prop 8 case makes its way through the courts, a process likely to take more than a year.
The appeals court, when it first received the Prop 8 case, fast-tracked a review. However, the court then asked the California Supreme Court to weigh in on a legal technicality – whether the anti-gay forces that sponsored Prop 8 can defend it in court. The state court agreed to review the question, but indicated that it could take a year to reach a conclusion.
“We are deeply disappointed by the court’s failure to lift the stay,” said Shannon Minter of the National Center for Lesbian Rights, which filed an amicus brief supporting the lifting of the stay. “Every day that Prop 8 remains in effect, the state of California is harming families, sending a devastating message to LGBT youth, and perpetuating violence and discrimination against LGBT people.”
