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9th Circuit Stays Gay Marriages Pending Appeal

9th Circuit Stays Gay Marriages Pending Appeal

In a disappointing, but not all that surprising move, the 9th Circuit Court of Appeal granted a stay in the Proposition 8 order pending appeal of that order.  The two-page ordered agreed to expedite the briefing and argument schedule and will hear the case during the week of December 6th.  Briefs from the parties are due to the court by Nov. 1. 

The order said little else, except that the parties were to brief the issue of whether opponents of same-sex marriage have standing under Article III of the Constitution to even appeal the district court order.  The request could suggest the court is skeptical of same-sex marriage opponents’ right to even purse the matter over state officials who declined to appeal the district court order.  Federal case law is settled, in the form of a unanimous Supreme Court ruling, that private parties cannot “step in” for the state in defending ballot initiatives.

The move by the 9th Circuit in no way should be read as a step back in the push for marriage equality and, much like the process of having a trial on the merits of the initiative, a necessary part of solidifying the case against hate campaigns like Proposition 8.  Furthermore, the order shows that the court recognizes the gravity of the issues before it and seeks to strike of the necessary balance between political expediency and careful constitutional consideration.

So for now no same-sex marriages will be performed in the state, and, given the nature of the legal battle ahead, it is likely that none will be performed for some time.  The reality is this case is in the appellate pipeline for a while, perhaps even long enough to see a competing ballot initiative granting same-sex couples the right to marry succeed.  Needless to say, it’s far from over.

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photo courtesy of david_shankbone via Flickr

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66 comments

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1:47PM PDT on Aug 29, 2010

Actually, if you consider the reality that NOBODY discovers anal pleasure before vaginal pleasure, it's far more likely that the original sin was ORAL sex, which does not lead to fruitful multiplication. After all, it was a "serpent" who tempted Eve. She ate first, then offered the same (similar) to Adam. If that's the case, we're all equally out of God's grace. Your all too coy and clever (subtle, like the snake) implication that homosexual sex is equivalent to what caused our fall from grace, is what makes me most uncomfortable. I'm a big fan of non- judgemental love between us fallen humans though. Without that, we're not gonna get with Christ (if He's your path).

2:57PM PDT on Aug 28, 2010

No matter how we feel about same-sex marriage, the exegesis for the 2nd and 3rd chapters of Genesis makes us uncomfortable. Why? Because the deed Adam and Eve did, according to the evidence, was sodomy--the mystery the bishop of Hippo almost solved 1600 years ago. (He thought the sin was penile/vaginal.) For more information google The First Scandal Adam and Eve. Then click, read, and click again.

11:45AM PDT on Aug 26, 2010

Paul C - That's a beautiful thought - pray and it will be done. I sincerely hope it works for you. Legalizing gay marriage will not in any way compromise that, AND it will be in alignment with the U.S. Constitution. Win/win.

11:36AM PDT on Aug 26, 2010

Aaron - your faith is rivaled only by your ignorance. Your first sentence about America's founding principles is historically false (see Juan Pablo's post, e.g.). Your second sentence, about my beliefs, is also prideful and false. The rest of your post is about your faith only (which means it does not need to be "proven" in order for you to believe it), and is really irrelevant to U.S. civil rights. I'm happy for you that you have your faith, but you don't need to conflate it with America's purpose here on Earth. Your faith would be just as relevant if you were, say, French. Trying to reconcile God's law with the U.S. Constitution is an insult to both.

10:17AM PDT on Aug 25, 2010

Paul and Aaron, let me ask you this: Did you wake up one morning and consciously decide to be heterosexual? Did you sit there over your morning bowl of Cheerios and ask yourself whether you wanted to sleep with and fall in love with someone of the same sex or the opposite sex? I seriously doubt it; you are who you are because it is natural for you to be that way. If you guys want to thump the Bible, remember it says that God made man in his own image, so what do you say to that? This Country was founded on freedom of religion as guaranteed in the Constitution. If you choose to follow the Bible, that is fine and I will support your decision. But if you are going to follow the Bible, make sure you practice what you preach. Jesus taught love above all other things. And bear in mind that your right to follow the Bible DOES NOT give you the right to force your beliefs down anyone else's throat. Gandhi once said "I like your Christ. I do not like your Christians; they are so unlike your Christ."

7:23AM PDT on Aug 24, 2010

There is an old legal maxim, which says: Justice delayed is justice denied. I think that maxim applies quite well in this case.

By the way, would those, who object to marriages between same sex couples, prefer that they "live in sin", as that word is commonly applied to unmarried heterosexual couples? They certainly cannot believe that these couples are going to discontinue their relationship and their cohabitation, simply because marriage has been delayed or denied to them. So, according to the very strict views of some of the religious folk, denying them the right to marry would merely promote an even greater "sin", i.e., living together without benefit of marriage. Those who are trying to curtail "sin" might be engaging in counterproductive behavior. Quite the conundrum, isn't it?

1:45PM PDT on Aug 23, 2010

True, sincere and genuine prayer will be answered and your sins forgiven and then the power of natural heterosexual love will be bestowed upon you. Amen.

9:37AM PDT on Aug 23, 2010

@Aaron Baker,

"As the government of the United States of America is not in any sense founded on the Christian Religion (...)"
- Treaty of Tripoli, Article 11. Signed by John Adams

9:05AM PDT on Aug 23, 2010

Aaron, this country was founded on the SEPARATION of church and state and freedom OF and FROM religion.

10:30PM PDT on Aug 22, 2010

Andrew W.- This country was founded on Christian principles, like it or not. You apperently dont believe in GOD and the BIBLE. But I've got a news flash for you. BIBLICAL PROPHECIES are being fulfilled right before our very eyes. One of them is this whole HOMOSEXUAL agenda. HOMOSEXUALITY is an ABOMONATION to GOD, after all HE destroyed SODOM and GOMORRAH because of it, and this country has become the modern day SODOM and GOMORRAH. End of story

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