Manny Rivera, an AFER spokesperson, told the Washington Blade that Associate Justice Anthony Kennedy denied the long-shot request for a stay and will the allow the same-sex marriages that began in the state on Friday to continue.
After the Supreme Court ruled anti-gay groups don’t have standing to defend Prop 8 in court, observers had expected a 25-day waiting period before marriage equality in California would take effect. In this period, the losing parties in the lawsuit, in this case anti-gay groups, could ask for reconsideration of the high court’s decision.
Instead, the U.S. Ninth Circuit Court of Appeals lifted its stay on Friday after California Attorney General Kamala Harris publicly urged them to take action sooner.
On Saturday, Andrew Pugno, an attorney with ProtectMarriage.com, posted a statement on the organization’s website saying he made the “emergency petition” in the wake of the Ninth Circuit’s decision.
“People on both sides of this debate should at least agree that the courts must follow their own rules,” Pugno said. “This kind of lawlessness just further weakens the public’s confidence in the legitimacy of our legal system. We hope the Supreme Court will step in and restore some order here.”
The development was reported earlier in the day by ABC News and the Los Angeles Times. The Supreme Court didn’t immediately respond to a request to comment to confirm development.
Legal experts have said lifting the stay on the injunction was completely within the authority of the Ninth Circuit during the 25-day waiting period following the Supreme Court decision.