Foes of California same-sex marriage ruling ask a lower court to delay it
With a state Supreme Court ruling set to become law June 16, a group asks an appeals court to delay its imposition until after a November vote on the issue. The ruling's proponents deride the effort.
SAN FRANCISCO -- Opponents of same-sex marriage asked the California Court of Appeal today to put on hold a ruling that permits gays to marry next week, a move that supporters of the ruling quickly belittled as frivolous and certain to fail.
The California Supreme Court, which approved same-sex nuptials in a historic ruling May 15, already has refused to delay the effective date of its decision. Opponents wanted the court to postpone the ruling's effect until after a November ballot initiative to limit marriage to opposite-sex couples. The ruling becomes law June 16 at 5 p.m.
The 1st District Court of Appeal, which had ruled 2-1 against same-sex marriage, is bound by the Supreme Court's decision.
San Francisco City Atty. Dennis Herrera, whose office helped litigate the marriage case, called the petition "beyond frivolous . . . absurd."
"I am not aware of a process that enables parties to effectively appeal a higher court ruling to a lower court," Herrera said.
But Liberty Counsel, the group that filed the petition on behalf of sponsors of the November marriage initiative, said the Court of Appeal procedurally regains the case on June 16 and could issue a stay.
"This court should stay the issuance of marriage licenses to same-sex couples to prevent a violation of federal and state law by opening the door to de facto polygamy and polyamory," the petition by the Christian-affiliated group said.
maura.dolan@latimes.com
