Jun 12, 2008 6:13 pm US/Pacific
Conservative Group Appeals For CA Gay Marriage Ban
SAN FRANCISCO (AP) ―
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John Lewis and Stuart Gaffney clelebrated last month after hearing the Supreme Court ruling legalizing gay marriages.
AP
A conservative Christian legal group in a legal Hail Mary pass asked the California appeals court Thursday to temporarily prohibit gay marriages.
The Virginia-based Liberty Counsel filed court documents arguing that the wording of last month's California Supreme Court ruling legalizing gay marriage allows the lower court to implement the decision on its own terms and schedule.
Liberty Counsel argued that the ruling put dozens of state laws addressing marriage into conflict and that the state Legislature needs time to address those issues.
The lawyers also argue that the high court's ruling should be placed on hold until after the November elections, when California voters will decide whether to amend the state constitution to ban the unions.
The California Supreme Court turned down a similar request last week.
On Thursday, San Francisco City Attorney Dennis Herrera ridiculed the Liberty Counsel's latest legal move as "absurd."
"I am not aware of a process in American law that enables parties to effectively appeal a higher court ruling to a lower court," Herrera said.
California court-watchers said they could not remember a time when a lower court went against the will of the state Supreme Court.
Vik Amar, a professor of constitutional law at the University of California, Davis, said the appeals court would be "ill-advised" to issue a stay. He predicted the request would be denied.
"It would be an abuse of discretion to ignore the clear statement made by the Supreme Court when they turned down the stay and grant one now," Amar said.
Counties are expected to start issuing gender-neutral marriage licenses as early as Monday, when the high court ruling is scheduled to take effect.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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