Shortly after the appeal in the Prop 8 case was filed by the proponents of the law, the plaintiffs filed their own brief with the Ninth Circuit Court, countering the appeal for a stay with their own take on the matter. They’ve stated that the defendants plea "does not come close to showing they have a strong chance of winning on appeal".
They go on to argue that…
• Proponents cannot possibly make a “strong showing” that they are likely to prevail in their appeal.
• There is significant question as to whether Proponents even have standing to pursue an appeal.
• Proponents have failed to establish that they will likely suffer irreparable injury in the absence of a stay.
• A stay will cause substantial irreparable harm to Plaintiffs.
• The public interest favors immediate enforcement of the judgment.
And it looks like the Ninth Circuit Court is paving the way to rule on the stay before Wednesday, August 18th, which is the date (at 5PM) that Judge Walker’s stay expires, opening the door to legal same sex marriage in California. They’ve set a deadline of 9am on Monday, August 16th, for the defendants to respond.
Meanwhile, State Attorney General Jerry Brown has repeated his request that the legalization of same sex marriage begin "immediately" in California.
It’s going to be an interesting week.
