SAN FRANCISCO (CN) – Gay and lesbian couples will have to wait a little longer for their marriage licenses, as the 9th Circuit granted backers of California’s Proposition 8 gay marriage ban a stay pending appeal. The order came after Chief U.S. District Judge Vaughn Walker had refused to stay same-sex marriages until Prop. 8 proponents could appeal.
Judge Walker, who wrote that a stay “would force California to continue to violate plaintiffs’ constitutional rights and would demonstrably harm plaintiffs and other gays and lesbians in California,” had ruled that same-sex marriages could commence on Aug. 18.
The opening brief for the appellants is due Sept. 17, with the answering brief due Oct.18. The order also directed appellants to discuss in their opening brief why their appeal should not be dismissed.