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No gay marriages in California before December, court rules

August 16, 2010 |  3:58 pm

The U.S. 9th Circuit Court of Appeals on Monday agreed to keep same-sex marriages on hold until at least December.

In a brief order, a three-judge panel agreed to an expedited review of U.S. District Judge Vaughn R. Walker's Aug. 4 ruling that overturned Proposition 8 as a violation of the federal Constitution.

The panel agreed to hold a hearing on the case during the week of Dec. 6 and ordered both sides to present arguments on whether the campaign for Proposition 8 has legal authority to appeal Walker's order.

Walker had declared Proposition 8's ban on same-sex marriage unconstitutional, saying it violates gay men's and lesbians' rights to equal protection and due process.

The defendants in that case were Gov. Arnold Schwarzenegger and Atty. Gen. Jerry Brown, but they declined to defend the law. As the losing parties, they have the authority to appeal Walker's ruling. But they hailed Walker's decision and said they would not appeal.

A private group that opposes same-sex marriage, ProtectMarriage.com, defended Proposition 8 during the trial Walker held earlier this year. The group wants to appeal his ruling but may lack legal standing to do so.

-- Maura Dolan in San Francisco

PROP. 8: FULL COVERAGE

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