Lambda Legal: Ninth Circuit Stay Is Painful but Rapid Schedule Is Excellent News

(Los Angeles, August 16, 2010) — Jennifer C. Pizer, National Marriage Project Director for Lambda Legal, issued the following statement in reaction to today’s order from the Ninth U.S. Circuit Court of Appeals in Perry v. Schwarzenegger:

“We’re saddened by the Ninth Circuit’s decision to maintain the stay of Judge Walker’s ruling that Prop 8 is unconstitutional. We very much hoped to see same-sex couples again free to celebrate their love and mutual devotion through marriage starting later this week. We know this delay is painful for couples in love who have been denied their basic rights for too long already.

“It is frustrating that the appeals court seems not to have applied the standard test for when a stay should be ordered. But, at least today’s brief case management order gives no substantive disagreement with Judge Walker’s conclusion that Prop 8 only serves to harm the countless lesbian and gay couples in California who are denied their constitutional rights, without advancing any legitimate public purposes. Instead, the order just seems to represent step-by-step housekeeping by the court.

“On the other hand, the very fast schedule set for the appeal is excellent news for same-sex couples who hope to regain their rights as soon as possible. Even better may be the court’s direction that Prop 8’s proponents should explain why they think they have legal standing to appeal. This means they must try to explain how invalidating Prop 8 deprives them of a legal right or interest. If they cannot show that that actually harms them, then the federal procedural rules may prevent the appeals court from hearing their appeal.”

The appeals court will hear arguments in the case during the week of December 6, 2010 in the federal courthouse in San Francisco. To meet that accelerated hearing date, the court ordered Prop 8’s proponents to file their opening brief by September 17, 2010. Plaintiffs’ answering brief is due October 18, 2010. Prop 8 proponents’ reply brief is due November 1, 2010.

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