Spring Break
Conservative group acts to delay ruling striking down gay marriage
May 23, 2008
Howard Mintz - San Jose Mercury NewsIssue date: 5/22/08 Section: Real News
SAN JOSE, Calif. _ Gay couples who were eager to tie the knot as soon as mid-June may want to hold off on ordering that cake or etching a date on their wedding invitations.
A conservative organization on Thursday asked the California Supreme Court to put a hold on last week's ruling striking down the state's ban on same-sex nuptials. The maneuver is virtually certain to push the first gay weddings into at least mid-July and possibly August because of routine procedural delays.
The Arizona-based Alliance Defense Fund is asking the Supreme Court to rehear the case on a single issue. The group argues that the ruling should be stayed until after the November elections, when voters are likely to consider a ballot initiative that would amend the state constitution to ban gay marriage.
The Supreme Court seldom agrees to reconsider its rulings. But in a 21-page legal brief, the defense fund argues that freezing the ruling would avoid chaos around the state as couples move to capitalize on their newfound legal right to marry by rushing to clerk's offices to get marriage licenses between now and November.
"What we're doing essentially is asking the court to maintain the status quo," said Glen Lavy, a lawyer for the defense fund.
Civil rights lawyers immediately vowed to oppose the stay.
"Every day that goes by hurts these families," said Shannon Minter, legal director for the National Center for Lesbian Rights.
Several gay couples planning to marry as soon as legally possible said that while they are disappointed in the delay, it won't change their ultimate plans.
"A lot of us were already talking about how on June 16, we're going to be standing on the steps of city hall, but whatever day it ends up being, that's where we'll be," said Art Adams of San Jose, one of the plaintiffs in the marriage case who plans to marry his partner Devin Baker at San Francisco city hall.
Rich Butler and his partner Michael Butler of San Jose also hoped to get married as soon as they possibly could.
A conservative organization on Thursday asked the California Supreme Court to put a hold on last week's ruling striking down the state's ban on same-sex nuptials. The maneuver is virtually certain to push the first gay weddings into at least mid-July and possibly August because of routine procedural delays.
The Arizona-based Alliance Defense Fund is asking the Supreme Court to rehear the case on a single issue. The group argues that the ruling should be stayed until after the November elections, when voters are likely to consider a ballot initiative that would amend the state constitution to ban gay marriage.
The Supreme Court seldom agrees to reconsider its rulings. But in a 21-page legal brief, the defense fund argues that freezing the ruling would avoid chaos around the state as couples move to capitalize on their newfound legal right to marry by rushing to clerk's offices to get marriage licenses between now and November.
"What we're doing essentially is asking the court to maintain the status quo," said Glen Lavy, a lawyer for the defense fund.
Civil rights lawyers immediately vowed to oppose the stay.
"Every day that goes by hurts these families," said Shannon Minter, legal director for the National Center for Lesbian Rights.
Several gay couples planning to marry as soon as legally possible said that while they are disappointed in the delay, it won't change their ultimate plans.
"A lot of us were already talking about how on June 16, we're going to be standing on the steps of city hall, but whatever day it ends up being, that's where we'll be," said Art Adams of San Jose, one of the plaintiffs in the marriage case who plans to marry his partner Devin Baker at San Francisco city hall.
Rich Butler and his partner Michael Butler of San Jose also hoped to get married as soon as they possibly could.
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