Ninth Circuit Stays California Marriage Ruling to Stabilize Families (For Now)

The U.S. Court of Appeals for the 9th Circuit has stayed the Aug. 18 implementation date for U.S. District Judge Vaughn Walker’s order overthrowing the will of 7 million California voters with regard to marriage. The court granted a motion filed by the ProtectMarriage.com legal team, including attorneys with the Alliance Defense Fund (of whom several are graduates of Regent Law) that asked the court to stay the Judge’s Aug. 4 decision in Perry v. Schwarzenegger until the appellate court has time to hear the case.  (Read that ruling here.)

Implementation of Judge Walker’s ruling would begin a radical change in marriage policy, imposing judicial will on the people of California before all appeals on their behalf are heard. His refusal to stay the decision would create more legal confusion surrounding any same-sex unions entered while the appeal is pending, and would make family life uncertain and confusing both for those who enter into marriages, and all Californians. As part of its order, the 9th Circuit also issued an expedited appeal schedule in the case, with the opening brief due Sept. 17 and oral argument to be heard the week of Dec. 6.

When Judge Walker gave the 9th Circuit Court of Appeals just 6 days to decide whether or not to overrule his order requiring the immediate issuing of marriage licenses to homosexual couples, inquiry was necessary. Though the 9th Circuit is considered by many to be one of the most liberal in the country, it has stepped in to overturn that order, issuing a stay on implementing Judge Walker's ruling while it is appealed. It is noteworthy that the knotty question of "standing" remains in play, however, since Governor Schwarzenegger and Attorney General Jerry Brown have both refused their duty to defend California families and the voters who passed Prop 8 --and Judge Walker has chosen to keep Imperial County, California (which opposes same-sex marriage) from intervening in the case (while allowing San Francisco to become a party).

An appeal will be important to follow, both in the Ninth Circuit, and eventually to the Supreme Court of the United States. Much is at risk toward family stability in this case. Allowing higher courts to review such dramatic decisions is critical toward family restoration in America.

Read more from the Associated Press.