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Gay marriage opponents ask court to halt California weddings


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SAN FRANCISCO, CALIFORNIA (BNO NEWS) -- Gay marriage opponents on Saturday filed an emergency application asking the U.S. Supreme Court to overrule a federal appeals court which lifted the stay on California's Proposition 8, allowing same-sex marriages to resume in the state.

Austin Nimocks, Senior Counsel for the Arizona-based Alliance Defending Freedom which defends Proposition 8, said the U.S. Court of Appeals for the 9th Circuit acted 'prematurely' when it lifted the stay. Its decision allowed California to resume performing same-sex marriages, effective immediately.

The lawyer said court rules require the federal appeals court to wait for a certified copy of the judgment from the U.S. Supreme Court before taking action, and the high court had not yet done so as of Saturday. It is expected to take at least 25 days under Rule 45 of the Supreme Court's rules.

"Everyone on all sides of the marriage debate should agree that the legal process must be followed," Nimocks said. "The 9th Circuit made a clear representation upon which all parties should be able to rely - that the stay would remain in place until final disposition by the Supreme Court. On Friday, the 9th Circuit acted contrary to its own order without explanation."

When the 9th Circuit issued the stay in 2008, it stated that the stay would continue until "final disposition" by the U.S. Supreme Court. "Failing to correct the appellate courtâs actions threatens to undermine the publicâs confidence in its legal system," the lawyers claim in the emergency application.

(Copyright 2013 by BNO News B.V. All rights reserved. Info: [email protected].)

Posted

If you don't fancy gay marriage, get don't get married.

The backlash in the USA is predictable but it seems probable in the long run it's going to much less severe than the abortion rights backlash, given that 70 percent of Americans under 30 are in favor of same sex marriage civil rights.

Great progress has been made but the job isn't done. Whether that happens in 5 years or 50 years can't really be known at this point.

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