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History in the high court

Appeals court: At least 25 days before Calif. gay marriage resumes

Wednesday, June 26, 2013
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Updated: 2:45 p.m. PDT

SAN FRANCISCO — A federal appeals court said Wednesday it will wait at least 25 days before making a decision on whether gay marriages can resume in California.

The 9th U.S. Circuit Court of Appeals spokesman said Wednesday that it will take at least that long for the U.S. Supreme Court’s ruling to become official. Spokesman Dave Madden said it’s the “general practice” of the appeals court to wait for the high court’s official ruling before taking any action.

The San Francisco-based court said it would not clear the way for weddings for at least 25 days, which is how long Proposition 8 sponsors have to ask the Supreme Court to reconsider its decision on their standing to defend the initiative, although it’s unlikely the high court would grant such a rehearing.

Further complicating matters is that lawyers for the ban’s backers insist the high court’s decision only legalized marriages for the two couples who sued to overturn Proposition 8. They could go back to court to argue that point and potentially further delay statewide gay marriage.

The Supreme Court’s ruling earlier in the day cleared the way for same-sex marriages to resume, but sidestepped the larger question of whether banning gay marriage is unconstitutional.

The justices voted 5-4 to let stand a trial court’s August 2010 ruling that overturned the state’s voter-approved gay marriage ban, holding that the coalition of religious conservative groups that qualified Prop 8 for the ballot did not have authority to defend it after state officials refused t o do so.

The practical effect of the Supreme Court ruling, however, is likely to be more legal wrangling before the state can begin issuing marriage licenses to same-sex couples for the first time since Proposition 8 passed in November 2008.

“While it is unfortunate that the court’s ruling does not directly resolve questions about the scope of the trial court’s order against Prop 8, we will continue to defend Prop 8 and seek its enforcement until such time as there is a binding statewide order that renders Prop 8 unenforceable,” said Andy Pugno, a lawyer for the ban’s supporters.

Gay marriage had been legal for 4 1/2 months in the state and an estimated 18,000 couples tied the knot before passage of Prop 8.

Gov. Jerry Brown said he has directed the California Department of Public Health to start issuing marriage licenses to gay couples as soon as the appeals court hold is lifted.

The battle over same-sex marriage in California started at San Francisco City Hall in 2004, when then-mayor Gavin Newsom ordered city clerks to issue marriage licenses to gay couples. On Wednesday, he brought the biggest cheers from the City Hall gathering when he said San Francisco is a city of “doers” that not only tolerates diversity, but celebrates it every day.

The measured enthusiasm contrasted with the exuberant cheers that greeted word earlier that the Supreme Court had struck down a federal law that prevents the U.S. government from granting marriage benefits to gay couples.

Developing story, check back for updates.

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