No same sex marriages in California for now. So don’t rush off to the County Clerk’s Office this Thursday. The court has issued a ruling to have the appeal in this case heard quickly, with the hearing scheduled for the week of December 6th. The ruling is below…
I read an interesting theory on this issue today. Seems some right wingers are presenting the opinion that it might be better to let California have legal same sex marriage since an appeal would eventually take the issue to the Supreme Court. If the appeal had been denied and same sex marriage was legal in California, it might have been better for our opponents since the issue would not be taken to a national level nearly as fast. But it looks like that’s exactly where this is headed now…
Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) 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. [7441574] (JS)