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Ninth Circuit Stays Prop 8 Ruling

The Ninth Circuit issues its own stay on Judge Walker’s ruling, which supersedes his temporary stay.  Gay couples in California continue to be forbidden from marrying.  The Ninth Circuit establishes an expedited briefing schedule for the case, and calendars a hearing for the week of December 6, 2010 in San Francisco.  In its order, the Ninth Circuit explicitly directs the proponents of Prop 8 to address in their filings why the appeal should not be dismissed for a lack of Article III standing.

While the standing issue is legally complex, the Ninth Circuit’s question essentially asks the proponents whether they can demonstrate that they have been personally affected (the legal term is “particularized injury”) because of the decision striking down Prop 8.  Since the proponents are defending Prop 8 in court on behalf of California instead of the governor or state attorney general, they must show such particularized injury in order to have standing to appeal the lower court’s decision.  (See here for more information about the issue of standing in the Prop 8 case.)

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