9th Circuit puts brakes on decision that struck down Calif. marriage amendment
Appellate court reverses district court’s denial of stay motion filed by ProtectMarriage.com legal team
Monday, Aug 16, 2010
SAN FRANCISCO — The U.S. Court of Appeals for the 9th Circuit Monday put the brakes on an Aug. 18 implementation date for U.S. District Judge Vaughn Walker’s order overthrowing the will of 7 million California voters with regard to marriage.
The court granted a motion filed by the ProtectMarriage.com legal team, including attorneys with the Alliance Defense Fund, that asked the court to stay the judge’s Aug. 4 decision in Perry v. Schwarzenegger until the appellate court has time to hear the case.
“It made no sense to impose a radical change in marriage on the people of California before all appeals on their behalf are heard, so the 9th Circuit’s decision is clearly the right call,” said ADF Litigation Staff Counsel Jim Campbell. “Refusing to stay the decision would only have created more legal confusion surrounding any same-sex unions entered while the appeal is pending. This case has just begun. ADF and the rest of the legal team are confident that the right of Americans to protect marriage in their state constitutions will ultimately be upheld.”
As part of its order, the 9th Circuit also issued an expedited appeal schedule in the case, with the opening brief due Sept. 17 and oral argument to be heard the week of Dec. 6.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
The court granted a motion filed by the ProtectMarriage.com legal team, including attorneys with the Alliance Defense Fund, that asked the court to stay the judge’s Aug. 4 decision in Perry v. Schwarzenegger until the appellate court has time to hear the case.
“It made no sense to impose a radical change in marriage on the people of California before all appeals on their behalf are heard, so the 9th Circuit’s decision is clearly the right call,” said ADF Litigation Staff Counsel Jim Campbell. “Refusing to stay the decision would only have created more legal confusion surrounding any same-sex unions entered while the appeal is pending. This case has just begun. ADF and the rest of the legal team are confident that the right of Americans to protect marriage in their state constitutions will ultimately be upheld.”
As part of its order, the 9th Circuit also issued an expedited appeal schedule in the case, with the opening brief due Sept. 17 and oral argument to be heard the week of Dec. 6.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.