9th Circuit Agrees to Fasttrack Same Sex Marriage Hearing

Gay couples will have to wait a little bit longer to be able to marry in California, thanks to the cautionary decision of the 9^th U.S. Circuit Court of Appeals, which overruled the lower court’s decision to begin issuing marriage licenses on Wednesday. Supporters of Prop 8 celebrated the decision, but attorneys for the two couples who initially challenged the constitutionality of Prop 8 say the couples are also pleased, because the 9^th Circuit has agreed to expedite its review of the case.

Governor Schwarzenegger has issued a statement in support of overturning Prop 8 and does not believe the state should pursue an appeal. Private groups, such as the Alliance Defense Fund and the ProtectMarriage.com organization who sponsored the bill, are continuing to fight to keep same-sex marriage from becoming legal.

California’s Attorney General, Jerry Brown, who is running for Governor to replace Schwarzenegger when his term ends, urged the federal appeals court to allow gay marriage to resume immediately, saying that the harm suffered to the gay couples whose rights were being violated was more important than any inconvenience to the California clerks.

However, the 9^th District Court, in what could be seen as a compromise, both agreed to extend the stay as well as speed up the process to hear the appeal. Oral arguments are scheduled to begin December 6. In response to the decision, the plaintiff’s attorney team said, “We are very gratified that the 9th Circuit has recognized the importance and the pressing nature of this case by issuing this extremely expedited briefing schedule. Proposition 8 harms gay and lesbian citizens every day it remains on the books.”

A three judge panel issued the decision to extend the stay, and a different panel has been assigned to review the facts in the case to determine the constitutionality of the measure that was passed by California voters last year. Many people on both sides of the case believe this case is destined to eventually end up being heard by the U.S. Supreme Court, possibly affecting gay marriage rights across the country.

Shadra Bruce is a contributing writer for News By The Second