Opponents File Challenge To Halt California Gay Marriage

Melissa Stusinski - Author

Aug. 23 2017, Updated 3:40 a.m. ET

Opponents of the Supreme Court’s decision about Proposition 8 have filed a challenge to halt gay marriage in California. The challenge was made after the Ninth Circuit Court of Appeals allowed same-sex marriage to resume immediately after the Court’s ruling this week.

On Saturday, attorneys applied to the US Supreme Court for “an immediate order vacating” the decision made by the appeals court. The application reads:

“Without the immediate relief requested by this Application, the Ninth Circuit will circumvent the proper rules and procedures established by this Court.”

But those on the other side of the debate, like the american Foundation for Equal Rights, believe the appeals court made the correct decision. Manny Rivera, a spokesman for the organization, explained:

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“The Ninth Circuit had broad discretion as to whether to stay the injunction pending appeal. It is entirely proper for the Court to dissolve the stay now.”

Opponents to the Proposition 8 decision argued that the Ninth Circuit doesn’t yet have the authority to dissolve their ban on same-sex marriage. They pointed to  the 25 days the Supreme Court usually gives petitioners to seek a re-hearing on a decision they have made.

An attorney for the Foundation added on Friday that the Ninth Circuit’s decision to dissolve its injunction against same-sex marriage is hardly unusual. Appeals courts have taken similar actions in the past without drawing much notice. But the issue of same-sex marriage has been contentious.

The Alliance Defending Freedom, and ProtectMarriage.com, the organizations that filed the emergency petition, have claimed that the Ninth Circuit “lacked jurisdiction to issue its order purporting to dissolve the stay.” This is because the Supreme Court has yet to send a certified copy of the decision to the court.

The emergency petition by Proposition 8 backers comes as dozens of same-sex couples received marriage licenses at San Francisco City Hall. Almost 100 have received their licenses already, including the original plaintiffs of the Proposition 8 legislation.

Do you think that same-sex marriage should have resumed immediately following the Supreme Court’s decision to dissolve Proposition 8?


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