Judge James Ware, the presiding judge in California’s Prop 8 trial, has closed the case, issuing an order that would allow same sex couples to marry. However, the Supreme Court has to decide whether it will hear an appeal of the case before letting the order stand. Until then, the Ninth Circuit Court of Appeals is putting a hold on everyone’s bridal horses.
A stay of the case by the Ninth Circuit Court of Appeals pending the Supreme Court’s determination of whether it takes the case means that a “mandate” will not issue allowing Ware’s order today to go into effect.
The order comes despite the fact that proponents of Proposition 8 have requested the Supreme Court to review the case because, Judge James Ware wrote today, all requests to stay the judgment in the case have been denied.
The American Foundation for Equal Rights added:
There’s been some excitement today about activity in the Prop 8 case, but don’t worry: it’s just some housekeeping by the court, and has nothing to do with the judgement taking effect. Marriages can’t start until Ninth Circuit issues a mandate, and that’s pending a decision by the US Supreme Court.
So hold onto those bouquets, kids — we’re not out of the matrimonial woods yet.