The group that sponsored California’s Proposition 8 filed an overnight petition to the Supreme Court asking it to block a federal appeal’s court decision to give the state the go-ahead to resume allowing same sex couples to marry.
The Los Angeles Times reported that ProtectMarriage’s petition to Justice Anthony Kennedy accused the 9th Circuit Court of Appeals of acting prematurely on Friday when it lifted the stay on the injunction that declared the law unconstitutional before the end of the 25-day waiting period during which parties involved with a Supreme Court case can seek a new hearing.
“People on both sides of this debate should at least agree that the courts must follow their own rules,” ProtectMarriage chief counsel Andy Pugno said in a statement. “This kind of lawlessness just further weakens the public’s confidence in the legitimacy of our legal system. We hope the Supreme Court will step in and restore some order here.”
The 9th Circuit’s decision came after calls for action from California Gov. Jerry Brown (D) and Attorney General Kamala Harris, both Prop. 8 opponents. County clerk offices around the state began issuing marriage certificates Friday afternoon.
The high court ruled on Wednesday (PDF) in a 5-4 decision that Prop. 8’s backers did not have the authority to defend the law’s constitutionality.
“Standing in federal court is a question of federal law, not state law,” Chief Justice John Roberts wrote for the majority. “No matter its reasons, the fact that a state thinks a private party should have standing to seek relief for a generalized grievance cannot override this.”
[Image via Agence France-Presse]