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Gay marriage opponents ask Supreme Court to stop Calif. weddings

Saturday, June 29, 2013

Updated: 5:30 p.m. PDT

SAN FRANCISCO — Less than 24 hours after California started issuing marriage licenses to same sex couples, lawyers for the sponsors of the state’s gay marriage ban filed an emergency motion Saturday asking the U.S. Supreme Court to stop the weddings being performed in San Francisco.

Attorneys with the Arizona-based Alliance Defending Freedom claim in the petition that the 9th U.S. Circuit Court of Appeals acted prematurely and unfairly on Friday when it allowed gay marriage to resume by lifting a hold that had been placed on same sex unions.


Update, Sunday 6/30/2013:
Justice Anthony Kennedy rejects ‘emergency’ bid to stop gay marriages in Calif.
Story here


“The Ninth Circuit’s June 28, 2013 Order purporting to dissolve the stay…is the latest in a long line of judicial irregularities that have unfairly thwarted Petitioners’ defense of California’s marriage amendment,” the paperwork states. “Failing to correct the appellate court’s actions threatens to undermine the public’s c onfidence in its legal system.”

Alliance Defending Freedom Senior Counsel Austin Nimocks said the Supreme Court’s consideration of the case is not done yet because his clients still have 22 days to ask the justices to reconsider the 5-4 decision announced Wednesday.

The justices said Proposition 8′s backers didn’t have legal authority to defend the ban after California’s governor and attorney general declined to do so. Under Supreme Court rules, the losing side in a legal dispute has 25 days to request a rehearing.

While such requests are almost never granted, the high court said that it wouldn’t finalize its judgment in the case at least until after that waiting period elapsed. The San Francisco-based appeals court had said when it imposed the stay that it would remain in place until the Supreme Court issued its final disposition, according to Nimocks.

“Everyone on all sides of the marriage debate should agree that the legal process must be followed, ” Nimocks said. “On Friday, the 9th Circuit acted contrary to its own order without explanation.”

Many legal experts who had anticipated such a last-ditch effort by gay marriage opponents said Friday that it was unlikely to succeed because the 9th Circuit has independent authority over its own orders, in this case its 2010 stay.

While the ban’s backers can still ask the Supreme Court for a rehearing, the 25-day waiting period is not binding on lower federal courts, Vikram Amar, a constitutional law professor with the University of California, Davis law school, said.

“As a matter of practice, most lower federal courts wait to act,” Amar said. “But there is nothing that limits them from acting sooner. It was within the 9th Circuit’s power to do what it did.”

The petition was submitted to Justice Anthony Kennedy, who oversees motions in cases on appeal from the 9th Circuit. Kennedy also wrote the decision on the other gay marriage case the Supreme Court handed down on Wednesday striking down the federal law that prevented the federal government from awarding spousal benefits to married gay couples.

The Supreme Court’s finding that Proposition 8′s backers lacked standing to defend it left in place a trial court’s 2010 ruling that the measure, which amended the California Constitution to limit marriage to a man and a woman, violated the civil rights of gay Californians.


Additional coverage:
Gay couples line up to marry in Calif., while opponents seek to halt weddings
Story here


Then on Friday, the 9th Circuit appeared to have removed the last obstacle to making same-sex matrimony legal again in California when it removed its hold on the lower court’s order directing state officials to stop enforcing the ban.

The two couples who sued to overturn Proposition 8 were wed in San Francisco and Los Angeles Friday. On Saturday, dozens of couples in jeans, shorts, white dresses and the occasional military uniform filled San Francisco City Hall, where 81 same-sex couples obtained marriage licenses on Friday, as clerks returned to issue more licenses.

Although a few clerk’s offices around the state stayed open late on Friday, San Francisco, which is holding its annual gay pride celebration this weekend, was the only jurisdiction to hold weekend hours so same-sex couples could take advantage of their newly restored right, Clerk Karen Hong said.

A sign posted on the door of the office where a long line of couples waited to fill out applications listed the price for a license, a ceremony or both above the words “Equality=Priceless.”

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78 more reader comments:

  1. LOL … the Supreme Court has handed it’s decision and the Circuit Court lifted the stay on the ban. The Supreme Court is not gonna change it’s mind. get real peeps haha

    Posted on Saturday, June 29, 2013 at 2:03pm
  2. Sad.

    Posted on Saturday, June 29, 2013 at 2:04pm
  3. They just don’t get it! You lost, get over it!

    Posted on Saturday, June 29, 2013 at 2:04pm
  4. Don’t they know the Supreme Court was the ones who threw away Prop. 8 so same-sex couples can marry again in California >.<

    Posted on Saturday, June 29, 2013 at 2:04pm
  5. OMG, seriously… wish they would finally give up!!

    Posted on Saturday, June 29, 2013 at 2:04pm
  6. well nothing new

    Posted on Saturday, June 29, 2013 at 2:05pm
  7. name names…

    Posted on Saturday, June 29, 2013 at 2:06pm
  8. When do freedom of speech become harassment? I think now that it has gone all the way through the court system anything the hate groups do should be charged with harassment.

    Posted on Saturday, June 29, 2013 at 2:06pm
  9. Sorry people, you don’t get a Mulligan.

    Posted on Saturday, June 29, 2013 at 2:06pm
  10. Just leave people alone. God.

    Posted on Saturday, June 29, 2013 at 2:07pm
  11. OMG, you lost. Get over it!

    Posted on Saturday, June 29, 2013 at 2:08pm
  12. Oh, please. It was the California Supreme Court that first overturned Prop. 8, and the 9th Circuit Court of Appeals only JUST lifted the stay on that ruling. Do we have to BEAT it into you that you lost this fight?

    Posted on Saturday, June 29, 2013 at 2:08pm
  13. O_O

    Posted on Saturday, June 29, 2013 at 2:09pm
  14. Don’t like it? Stay in Arizona!

    Posted on Saturday, June 29, 2013 at 2:09pm
  15. Lol

    Posted on Saturday, June 29, 2013 at 2:09pm
  16. Randy I agree with you 100% I have a lot of gay friends and family members, 2 of whom live in Southern CA. I say get over it you small minded Idiots.

    Posted on Saturday, June 29, 2013 at 2:09pm
  17. Looks like we need to call a”wahmbulance” fleet! Do they drive BMWs? (Bitch Moan Whine)

    Posted on Saturday, June 29, 2013 at 2:09pm
  18. it is OVER move on accept FACTS….SCOTUS is done for the session

    Posted on Saturday, June 29, 2013 at 2:10pm
  19. they cant

    Posted on Saturday, June 29, 2013 at 2:11pm
  20. that was the SUPREME COURT…HOW MANY TIMES DID WE LOSE GET THE FUCK OVER IT

    Posted on Saturday, June 29, 2013 at 2:11pm
  21. Isn’t enough, enough, get over it and move on with your lives and let everyone else do the same.

    Posted on Saturday, June 29, 2013 at 2:11pm
  22. Oh brother *rolls eyes*

    Posted on Saturday, June 29, 2013 at 2:12pm
  23. Posted on Saturday, June 29, 2013 at 2:13pm
  24. I think they need to get the fuck out of California if they have a problem. I was under the impression that it was a pretty Liberal and gay-friendly state, especially San Francisco! And what a waste of money and effort for something that doesn’t even affect them personally!

    Posted on Saturday, June 29, 2013 at 2:13pm
  25. They never give up, do they?!…Feh!

    Posted on Saturday, June 29, 2013 at 2:13pm
  26. NO WE WILL NOT STOP KEEP MOVING FORWARD NOT BACKWARD

    Posted on Saturday, June 29, 2013 at 2:16pm
  27. What petty, pittiful human beings these obsessed haters are.

    Posted on Saturday, June 29, 2013 at 2:18pm
  28. Wow!

    Posted on Saturday, June 29, 2013 at 2:18pm
  29. sorry assholes, you lost. equality won. now go sit over there in the corner with the people who didnt want race equality and stop slavery

    Posted on Saturday, June 29, 2013 at 2:18pm
  30. Be gone haters, you have no business here! Glinda The Good Witch

    Posted on Saturday, June 29, 2013 at 2:19pm
  31. Get a life, stubborn empty heads!

    Posted on Saturday, June 29, 2013 at 2:20pm
  32. Fail.

    Posted on Saturday, June 29, 2013 at 2:22pm
  33. Crazy, they fight a losing fight! My son was BORN gay, and he his freaking amazing! Talk about a sore looser!!!

    Posted on Saturday, June 29, 2013 at 2:24pm
  34. Seriously moronic, Give it up already…

    Posted on Saturday, June 29, 2013 at 2:24pm
  35. I am not a Lawyer yet but as a pre-law student I know that once the Supreme court makes its decision public its the end of the road

    Posted on Saturday, June 29, 2013 at 2:26pm
  36. Let me put this clearly for the anti gay marriage people: YOU LOST. Your days of trying to make us (the LGBT) community as second class citizens are OVER! I know you guys wanted a simon pure society where our lifestyle is considered deviant: you have called us pedophiles, marriage wreckers, and tossed around the word PERVERTED! The days of the opposition of the gays are coming to a long overdue close… and the same thing happened with the African Americans whom received the right to vote and the white community had a kitty then. This is not about deviancy or perversion or unnaturalness; its about the issue of civil rights. GET OVER IT!

    Posted on Saturday, June 29, 2013 at 2:27pm
  37. imao!!!..never give up hate…idiots

    Posted on Saturday, June 29, 2013 at 2:27pm
  38. what fucking scum!

    Posted on Saturday, June 29, 2013 at 2:34pm
  39. Re-donk-u-lous!!!

    Posted on Saturday, June 29, 2013 at 2:35pm
  40. God Damn them

    Posted on Saturday, June 29, 2013 at 2:36pm
  41. Sorry anti-gay marriage people, you are done just get used to rainbows being flown all over the state :p

    Posted on Saturday, June 29, 2013 at 2:45pm
  42. Dear Renee, you’re awesome……God Bless all the parents like you!!!

    Posted on Saturday, June 29, 2013 at 2:46pm
  43. This anti group is just stupid. The court can lift the stay whenever it wished, and the Supreme Court already said its not in their jurisdiction.

    Posted on Saturday, June 29, 2013 at 2:47pm
  44. “Let the past hold on to itself and let the present move forward into the future.”
    ― Douglas Adams, Mostly Harmless

    Posted on Saturday, June 29, 2013 at 2:47pm
  45. The creeps filing the motion are NOT even from CA (as usual, outside troublemakers–like the ones who paid for Prop 8 in the first place): they’re the “Arizona-based Alliance Defending Freedom”!!!

    Posted on Saturday, June 29, 2013 at 2:57pm
  46. nothing like beating a dead horse, I guess once small minded always small minded

    Posted on Saturday, June 29, 2013 at 2:57pm
  47. Brought to you by citizens for less government control in people’s lives (TM).

    Posted on Saturday, June 29, 2013 at 2:58pm
  48. Technically I suppose they may have a point. If the point of the stay is to prevent marriages that might get overturned then they probably should wait until the decision is finalized. I don’t think it will get overturned in 28 days. I hope and pray that it doesn’t get overturned. But that doesn’t change that we should be following the rules here.

    Posted on Saturday, June 29, 2013 at 2:59pm
  49. I admire you…!

    Posted on Saturday, June 29, 2013 at 2:59pm
  50. Yeah, I see that now. That makes a little more sense. I was so blind with rage I missed that.

    Posted on Saturday, June 29, 2013 at 2:59pm
  51. Sour Grapes!!!

    Posted on Saturday, June 29, 2013 at 2:59pm
  52. its like the song that never ends… they just wont stop trying to ruin other peoples lives..

    Posted on Saturday, June 29, 2013 at 3:03pm
  53. me too. we are pride parents!!! and our kids deserve to be happy!!!

    Posted on Saturday, June 29, 2013 at 3:03pm
  54. ADF was not even a party to the Prop 8 case. They have no more standing to petition SCOTUS than those who tried to defend prop 8.

    Posted on Saturday, June 29, 2013 at 3:05pm
  55. I find it hilarious that they are trying every last ditched effort to spread their hate and discrimination. You lost, deal with it you cry babies. I agree with one of the comments that compared this to a 6 year old’s tantrum.

    Posted on Saturday, June 29, 2013 at 3:05pm
  56. Sorry honey that train has left the station. That closet door is gonna stay open.

    Posted on Saturday, June 29, 2013 at 3:06pm
  57. Perhaps I am naive, but could someone please explain to me why on earth it is anyone else’s business who gets married to whom? Why does anyone need to “approve” or otherwise of gay marriage? Whom does it concern other than those who choose to marry? I’ve really tried, but I just don’t understand. What would stopping gay weddings achieve, exactly, other than heartache, misery and resentment?

    Posted on Saturday, June 29, 2013 at 3:13pm
  58. Kudos to the supporters, I personally thank you, and the haters can piss off, they took this away from us once, it wont happen again.

    Posted on Saturday, June 29, 2013 at 3:38pm
  59. Get over it! You lost!!!!

    Posted on Saturday, June 29, 2013 at 3:47pm
  60. heh heh no we win this time

    Posted on Saturday, June 29, 2013 at 3:51pm
  61. :)

    Posted on Saturday, June 29, 2013 at 3:51pm
  62. Give me a break. Better yet give Californians a break.

    Posted on Saturday, June 29, 2013 at 4:10pm
  63. Dear Colleague, Perpetual “heartache, misery and resentment” visited on a specific victim-class is precisely the aim of these goons.

    Posted on Saturday, June 29, 2013 at 4:21pm
  64. People need to take the energy they use for hate, and do something good. Go better your life, or someone else’s. Don’t ruin someone’s life because you have nothing better to do. It makes me sick what these people are doing.

    Posted on Saturday, June 29, 2013 at 4:24pm
  65. Conservatives, as people, I respect you greatly, but at the same time – you dun goofed.

    Posted on Saturday, June 29, 2013 at 4:32pm
  66. They have their heads so far up each others asses, they have no idea what reality is now. The Mormon ” Moron” Church are a bunch of sore losers. They were the main sponsors of Prop. 8 and they can’t accept that they LOST. If you don’t like the SCOTUS decision, secede from the US and become an independent state again.

    Posted on Saturday, June 29, 2013 at 4:35pm
  67. The crickets heard it. The odd dog gave a bark. No one cares.

    Posted on Saturday, June 29, 2013 at 4:48pm
  68. A 25 day waiting period would just postpone the inevitable. Time for them to give up already.

    Posted on Saturday, June 29, 2013 at 4:50pm
  69. The butthurt never ends. I laugh in their face. Happy weddings for one and all!

    Posted on Saturday, June 29, 2013 at 4:59pm
  70. For the record, it was the United States District Court for the Northern District of California that overturned Prop 8. The CA Supreme Court had upheld it against a different (pre-election) legal challenge when it ruled on May 26, 2009 that prop 8 was a constitutional amendment, not a revision, and therefore valid.

    Posted on Saturday, June 29, 2013 at 5:10pm
  71. The Supreme Court has ruled. These religious idiots need to go away!

    Posted on Saturday, June 29, 2013 at 5:11pm
  72. Are these jackasses kidding with this crap??? I mean, REALLY???

    Posted on Saturday, June 29, 2013 at 5:21pm
  73. We the people need to put together a lawsuit against these people for wasting tax payers dollars. They were told they had no standing to oppose. IF they want to proceed charge them with all the court costs.

    Posted on Saturday, June 29, 2013 at 5:58pm
  74. Fuck those haters!! U don’t pay our bills or support our homes, stay out of our lives!!

    Posted on Saturday, June 29, 2013 at 8:05pm
  75. they have 25 days to possibly over turn this again..

    Posted on Saturday, June 29, 2013 at 11:00pm
  76. Please contact President Obama to ask him to boycott the 2014 Winter Olympic Games in Sochi, Russia, due to the continued and vigorous persecution of the LGBT (Lesbian, Gay, Bisexual, Transgendered) Community by the Russian Government within its borders. This will affect American (and Allied) Winter Olympic Athletes.

    Posted on Saturday, June 29, 2013 at 11:15pm
  77. to late equality for all!!!!☻

    Posted on Sunday, June 30, 2013 at 6:14am
  78. Posted on Sunday, June 30, 2013 at 8:03am