(July 15, 2013, 6:40 p.m.) -- In a two sentence statement ruling today (July 15), the CA Supreme refused to grant a stay (injunctive halt) to same sex marriages in CA requested by Prop 8 supporters (as part of a legal action filed on July 12, 2013, reported by LBREPORT.com here.)
"The applications to appear as counsel pro hac vice ["for this occasion"] are granted. The request for an immediate stay or injunctive relief is denied. The request for an immediate stay or injunctive relief is denied." As a result, lawyers supporting Proposition 8 will now have the opportunity to argue before the California Supreme Court that Federal District Judge Vaughn Walker's ruling that struck down Prop 8 doesn't apply statewide in California (as the anti-Proposition 8 lawyers and current CA officials maintain) but instead only applies in the two counties (Los Angeles and Alameda) where the two same-sex couples were plaintiffs in the federal court action seeking the right to marry. The CA Supreme Court's proceedings come almost three weeks after the U.S. Supreme Court ruling (5-4) that let the federal district court ruling stand, which has allowed same-sex weddings to resume in California. State officials maintain that state officials representing all of California have the authority over granting marriage licenses, not the individual County Clerks and on that basis, they say the ban on same-sex marriage under Judge Walker's ruling applies to all of California. Proposition 8 proponents maintain that County Clerks are independent of the state and, when Proposition 8 was enacted by voters, the Clerks did refuse to issue same sex marriages to same sex couples. Prop 8 supporters say this hasn't changed because the U.S. Supreme Court didn't decide Prop 8's constitutionality and instead let the district court ruling stand. After the CA Supreme Court Justices today granted the lawyers supporting Prop 8 the right to argue the issue before them, the Prop 8 proponents filed a reply to CA Governor Brown and CA Attorney General Kamala Harris and other state officials who maintain that Walker’s decision applies state wide. To view their filing, click here. gthe state officials are now scheduled to file a response by July 22, 2013. The CA Supreme Court's Prop 8 case current briefing schedule runs through August 1, 2013. Other questions over jurisdiction and remaining legal issues -- and whether they should be decided by state or federal courts -- will likely mean legal arguments could continue for months to come.
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