Appeals Court Imposes Stay on California Marriages

Acting swiftly and decisively, the federal appellate court issued a ruling today reversing Judge’s Walker’s decision on the “stay” of his Proposition 8 ruling. As a result, no marriages of lesbian or gay couples will take place until after the 9th Circuit Court of Appeals has ruled, and most likely, not until the United States Supreme rules (if it decides to take the case). While this will be a disappointment to those who were planning their weddings, it is no surprise — and should not be viewed as an indication of how the court will rule on the substantive decision.

There were two other aspects of the court’s ruling that warrant attention: first, they issued an expedited briefing schedule, with a hearing in mid-December and tight deadlines for submission of appellate briefs; and second, they specifically asked the appellants to address the issue of whether they have proper standing to file this appeal. That indicates that the court wants to resolve the case quickly, and also shows that they are concerned about this issue of standing.

It’s unlikely anything will happen in this case until the court issues its ruling until early 2011.