Same-sex couples will not be allowed to marry while Proposition 8 appeal is pending
SAN FRANCISCO (Mar. 23, 2011)— The Ninth Circuit Court of Appeals today issued an order refusing to allow same-sex couples to marry while the constitutionality of Proposition 8 continues to be litigated in the courts. In its order, the Ninth Circuit declined to lift the stay it previously imposed on Judge Vaughn Walker’s ruling striking down Proposition 8.
In response to the announcement, City Attorney Herrera issued the following statement:
“I am saddened by the Ninth Circuit’s decision not to lift the stay. Loving same-sex couples should be allowed to get married while this case continues its confusing journey through the court system, which could potentially take several more years. The LGBT community has already waited far too long for the right to marry the person that they love. I will continue to be dedicated to the fight for marriage equality and to work closely with Ted Olson and David Boies of the American Foundation for Equal Rights to ensure we achieve marriage equality for all.”
City Attorney Dennis Herrera has been at the forefront of the legal battle for marriage equality in California. His office was the first government entity in American history ever to sue to invalidate discriminatory marriage laws, and it is the only law office to be involved as a party in every aspect of the legal fight since 2004 — from defending then Mayor Gavin Newsom’s issuance of same-sex marriage licenses; to successfully suing to strike down the anti-gay marriage exclusion in the state courts; to challenging the discriminatory Proposition 8 in the California Supreme Court, and now as co-plaintiff in the federal courts with American Foundation for Equal Rights.