In Cali-Cal, we will have to wait for Gay marriages. The motion to lift the stay was denied.
This morning, the Ninth Circuit Court of Appeals denied a motion to vacate the stay pending appeal.
Federal Judge Vaughn Walker ruled last year that Proposition 8 was unconstitutional and ordered that same-sex weddings be allowed to resume.
That decision was appealed to the Ninth Circuit, where the case is tied up on a legal question the panel asked the California Supreme Court to rule upon: Do Prop. 8 sponsors have legal standing to defend the law in court when the state will not.
The order was filed by judges Stephen R. Reinhardt, Michael Daly Hawkins and N. Randy Smith.
The order says: “Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.”More to come.