ADF Email: Ninth Circuit Hits the Brakes

Just got the following in an email from Alliance Defense Fund:

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.
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