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Temporary stay issued in Hawaii marriage equality case

Jackson Marriage Equality Trials

By Scottie Thomaston

The Hawaii Family Forum recently requested a stay of proceedings in Jackson v. Abercrombie, the federal marriage equality challenge, pending Supreme Court review of Hollingsworth v. Perry (the Prop 8 case) and United States v. Windsor (challenging Section 3 of the federal Defense of Marriage Act.) HFF, who are defendant-intervenors in the case, argued that the two pending cases at the Supreme Court will directly impact any decision in Jackson so the Ninth Circuit should hold off on its review as it has in several DOMA cases already.

A stay has been filed at the Ninth Circuit, set to expire on March 5. The order suggests that the Hawaii Family Forum can ask for an extension of the stay before it expires. A decision in the two Supreme Court cases won’t be reached by March 5, indeed briefing may not even be completed by that date. That makes it more likely we will see additional action before the current stay expires.

h/t Kathleen for this filing

12-16995 #24

2 Comments

  • 1. Reformed  |  January 2, 2013 at 10:48 am

    Right on schedule as usual with the why waste resources, read, delay cases that would contribute to the appearance of advancing equality which might lend cover to the supreme court's decision.

    Did anyone try to stop the Nevada case? I wouldn't expect that they did.

  • 2. karen in kalifornia  |  January 2, 2013 at 11:41 am

    Yeah all these "stayed" and postponed DOMA, equality cases put on hold waiting for Windsor.
    Not liking this.

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