No Resumption of Same-Sex Marriage, Ban to Remain in Place

According to the LA Times Local today the US 9th Circuit Court of Appeals replaced a ban on gay marriages until it can hear the case, presently on the calendar for early December of this year.

The ruling overturns the one issued by Judge Vaughn Walker who ruled on August 4, 2010 that California’s same-sex marriage ban was unconstitutional and same-sex marriages should be allowed to proceed beginning August 18th.

The State of California, as represented by Governor Arnold Schwarzenegger and Attorney General Jerry Brown refused to appeal the ruling and had filed briefs with Judge Walker’s court in favor of allowing same-sex marriages to proceed.

A private organization defended the action in Judge Walker’s courtroom, but may not have the authority and legal standing necessary to defend the action in the US 9th Circuit Court of Appeals. Both sides in the action have been asked to file briefs by November 1st according to an account in the NY Times. The plaintiffs in the case heard by Judge Walker, two gay couples, said they will not appeal today’s ruling putting the ban on same-sex marriage at least temporarily back in place.

A different three judge panel than the one who made today’s decision will decide the question as to whether California’s Proposition 8 does in fact violate the due process and equal protection clauses of the US Constitution.

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