What Today’s Ruling in the Ninth Circuit Means for Same-Sex Couples Who Want to Get Married

(San Francisco, CA, August 16, 2010) — Today, the Ninth Circuit Court of Appeals granted the Proposition 8 proponents’ motion to stay U.S. District Court Judge Vaughn Walker’s decision, which means that same-sex couples in California will not be able to marry while the case is on appeal. However, the Ninth Circuit put the appeal on a fast track and specifically directed that the Prop 8 proponents to address “why the appeal should not be dismissed for lack of Article III standing” in their opening brief. That means that the Court will consider whether the decision can be appealed at the same time that it is considering whether Judge Walker’s decision that Prop 8 violates the federal constitutional is legally correct.

All the briefing must be completed by November 1, 2010 and the oral argument will take place the week of December 6, 2010.

Proponents’ opening brief is due September 17. The plaintiffs’ opposing brief is due October 18. The proponents’ reply brief is due November 1.

The Ninth Circuit is not required to issue its decision within any particular time frame after oral argument; however, when an appeal is expedited, the Court tends to issue decisions more quickly. That said, it is still likely to take at least a few weeks or months after the oral argument in December for the Court to issue a decision.

Once the Ninth Circuit rules, the losing side can ask the United States Supreme Court to hear the case. The Supreme Court then has discretion to take the case or to let the Ninth Circuit’s decision stand.

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