Monday, August 16, 2010

Via Marriage Equality USA:


Marriage Equality USA has just received word that Ninth Circuit has granted the stay but expedites appeal. 

Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) 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. [7441574] (JS)

We were hoping that Wednesday would mark the day that marriage equality would return to California.  But there is some good news with this decision.

The Ninth Circuit has asked for opening briefs by September 17th and that parties must discuss why the appeal should not be dismissed due to lack of standing.  Also, the schedule for the briefs are similar to what Plaintiff attorneys Ted Olson and David Boies requested.  And oral arguments should begin by the end of this year.

So it's not what we wanted, but Harvey Milk would want us to keep hope alive.  We have an amazing legal team (including our friends with the City & County of San Francisco).  We have a fact-based district trial court decision that overwhelmingly explains why Proposition 8 is unconstitutional.  And we know that eventually we will win.

Stay engaged with Marriage Equality USA.  Join our facebook page, get involved with your local chapter, donate, and volunteer.  And go out an make every moment a marriage equality moment.

Founded in 1998, Marriage Equality USA is a national grassroots organization whose mission is to secure legally recognized civil marriage equality for all, at the federal and state level, without regard to gender identity or sexual orientation.  For more information go to www.marriageequality.org

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