The Stay Is Back

The 9th U.S. Circuit Court of Appeals in San Francisco has granted a stay in the Proposition 8 case, yet again delaying the possibility of marriages for same-sex couples in California, but it also expedited arguments in the appeal, which are scheduled for the week of December 6 in San Francisco.

Chad Griffin--of the American Foundation for Equal Rights, which organized the legal challenge to Prop H8--says his team will not appeal order:“Today’s order from the ninth circuit for an expedited hearing schedule ensures that we will triumph over Prop. 8 as quickly as possible. Our Plaintiffs and our attorneys are ready to take this case all the way through the appeals courts to the United States Supreme Court.”
And Jennifer C. Pizer, Marriage Project director for Lambda Legal, said the ruling should not be read as a "substantive disagreement" with the merits of the case: "What this indicates is that the ninth circuit is going to give this methodical consideration. They see the weight of the issues and have not disagreed with any of Judge Walker's analysis."

The court's decision to grant the stay and block same-sex marriages does not mean it has ruled on whether Prop H8 supporters have actual standing to appeal Walker's decision. In fact, the panel wants Prop H8 proponents to include in their briefs "a discussion of why this appeal should not be dismissed for lack of [standing]."

So, we all need to relax. We knew this wouldn't end without further appeals; our side would have appealed if Walker's ruling came down the other way. It's a process, and sometimes a long process, but this issue didn't start overnight and it won't end overnight, but it will end. There will be a day when discrimination is not legalized, and the rights of the minority are not subjected to the votes of the majority.