Ninth Circuit Court of Appeals Stays Prop 8 Marriages

Posted: August 16, 2010 in family law
Tags: , , , ,

Not happy news for many today, but the Ninth Circuit did say that they are leaning towards dismissing the appeal for the lack of Article III standing. Justice Ginsburg expressed “grave doubts” about the Article III standing of the sponsors of a ballot initiative to defend it when its constitutionality is challenged.

Will be interesting to see the briefs on this case. Can’t wait!!

Amplify’d from

The Ninth Circuit Court of Appeals granted a stay in the Prop 8 same sex marriage litigation. The order prevents enforcement of the District Court’s order striking down Prop 8, until the Ninth Circuit hears appeals in the case. The Ninth Circuit set a briefing schedule for October and early December, and specifically requested that Prop 8 sponsors address the question of whether they have standing in the case. (See Professor Vikram Amar’s commentary in FindLaw’s Writ for more on the issue of standing in the Prop 8 litigation.)



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