JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Thursday, March 24, 2011

Ninth Circuit refuses to lift same-sex marriage ban
Ann Riley at 8:49 AM ET

Photo source or description
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Wednesday denied [order, PDF] a motion [text, PDF] to lift the stay order prohibiting gay couples from marrying while an appeal of the invalidation of Proposition 8 [text, PDF; JURIST news archive], California's same-sex marriage ban, is pending. The court relied on the Supreme Court ruling in Nken v. Holder [opinion text], which explains the standards for staying a court order on appeal, and the standard for vacating a stay order articulated in the Ninth Circuit precedent Southeast Alaska Conservation Council v. U.S. Army Corps. of Engineers [opinion text]. California Attorney General Kamala Harris [official website] asked the court to lift the stay [JURIST report] earlier this month, arguing that the appeal is unlikely to succeed in light of jurisdictional concerns [JURIST report] and the recent US Department of Justice (DOJ) [official website] decision to stop defending the constitutionality [JURIST report] of portions of the Defense of Marriage Act (DOMA) [text; JURIST news archive] on the grounds that laws concerning sexual orientation should be subject to a higher standard of review. A three-judge panel for the Ninth Circuit issued the stay [JURIST report] in August.

After being asked [JURIST report] by the Ninth Circuit to weigh in, the Supreme Court of California [official website] announced last month that it will decide whether supporters of Proposition 8 have standing [JURIST report] to defend the measure when state officials have refused to do so. When Judge Vaughn Walker of the US District Court for the Northern District of California [official website] struck down Proposition 8 [JURIST report], then-governor Arnold Schwarzenegger and former attorney general and current Governor Jerry Brown [official website], who were originally defendants in the lawsuit, refused to continue defending the measure on appeal [JURIST report], leaving defendant-intervenors Project Marriage [advocacy website] and other groups to defend the law. In January, the Ninth Circuit also upheld [opinion, PDF] a lower court decision refusing to allow officials from Imperial County, California [JURIST report] to intervene, and Judge Stephen Reinhardt issued a memorandum opinion [text, PDF] on his decision not to recuse himself [JURIST report]. The Ninth Circuit heard oral arguments [video; JURIST report] in the case, Perry v. Schwarzenegger [case materials] in December. The hearing was divided into two one-hour sessions, with the first section focusing on the issue of standing and the second on Proposition 8's constitutionality.




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 US House votes for 20-week abortion ban
3:57 PM ET, June 19

 UK Supreme Court allows families of Iraq soldiers to sue government
2:28 PM ET, June 19

 AI: China mining companies contributing to Congo rights abuses
12:51 PM ET, June 19

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org