The Ninth Circuit Court of Appeals put same-sex weddings in California on hold, while it considers the constitutionality of Proposition 8.
The appeals court's order trumps District Vaughn Walker's ruling last week that would have allowed county clerks to begin issuing marriage licenses to same-sex couples on Wednesday.
The court also asked specifically that Proposition 8 supporters address whether they have "standing," the right to appeal to the court without a state official. Imperial County has asked to join the lawsuit. Also, because Proposition 8 was part of the initiative process, supporters of the law may have a special standing in court.
Lawyers for the gay and lesbian couple who challenged the ban said that they will not appeal the court's decision.
The court will hear the appeal on December 6, 2010.
Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California.
The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997).
IT IS SO ORDERED.