Opening Briefs Due In California Same-Sex Marriage Appeal
SAN FRANCISCO (AP) -- Supporters of California's same-sex marriage ban are facing a midnight deadline for submitting written arguments challenging a federal judge's finding that Proposition 8 is unconstitutional.
Lawyers for the 2008 ballot measure's sponsors and for Imperial County have until the end of Friday to file opening briefs in their appeal of U.S. District Judge Vaughn Walker's Aug. 4 ruling.
The 9th U.S. Circuit Court of Appeals has ordered them to explain not only on what basis it should invalidate Walker's ruling, but why the two parties should be allowed to fight it when the governor and attorney general have opted not to.
The group that sponsored Proposition 8 defended the voter-approved ban in Walker's court, but doubts have been raised about whether its members have authority to lodge an appeal because they are not responsible for enforcing marriage laws.
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