California Prohibition on Gay Marriage Will Remain in Force During Appeal

A U.S. appeals court refused today to lift an order keeping California’s gay marriage ban in effect while a ruling invalidating the law is on appeal.

Proponents of California’s voter-approved ballot measure, Proposition 8, are appealing a federal judge’s ruling in August overturning the ban on same-sex marriage. It was the first federal trial over whether it is legal to outlaw marriage by people of the same sex.

In January, the U.S. Court of Appeals in San Francisco asked the California Supreme Court to decide whether Proposition 8’s supporters have legal standing to argue the case when California officials have refused to do so.

The state’s high court justices could hear oral arguments as early as September. Today’s order from the federal appeals court will keep the marriage ban temporarily in place until the state appeals questions are resolved.

The case is Perry v. Schwarzenegger, 10-16696, U.S. Court of Appeals for the Ninth Circuit (San Francisco).

To contact the reporter on this story: Pamela MacLean in federal court in San Francisco at pmaclean@pacbell.net

To contact the editor responsible for this report: David E. Rovella at drovella@bloomberg.net