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August 16, 2010

Ninth Circuit panel issues stay on gay marriage

http://www.jewishjournal.com/blog/item/ninth_circuit_panel_issues_stay_on_gay_marriage_20100816/

That was quick.

A three-judge panel of the Ninth Circuit has issued a stay pending appeal in Perry v. Schwarzenegger, the Prop. 8 case. District Court Judge Vaughn Walker had deemed unconstitutional the voter-approved measure banning same-sex marriage and then said that gays would be allowed to marry while the case was appealed.

Not now, according to the appellate panel’s order, via Above the Law:

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.

Here’s a link to the panel’s order.

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