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Prop. 8 proponents file emergency appeal to block gay marriage

August 13, 2010 | 11:06 am

In an emergency appeal, backers of Proposition 8 told a federal appeals court that last week's ruling permitting same-sex marriage in California was riddled with both factual and legal errors and should be blocked.

Attorneys for ProtectMarriage.com, the campaign that sponsored the 2008 anti-gay marriage measure, said in a 73-page appeal that Chief U.S. District Court Judge Vaughn R. Walker ignored the law and tradition by concluding that gays should be entitled to marry.

"The district court simply ignored virtually everything -- judicial authority, the works of eminent scholars past and present in all relevant academic fields, extensive documentary and historical evidence, and even common sense -- opposed to its conclusions," the ProtectMarriage lawyers wrote.

A three-judge panel of the U.S. 9th Circuit Court of Appeals will decide whether to block Proposition 8 pending other appeals. Walker extended a temporary hold on his ruling until Wednesday. If the 9th Circuit or the U.S. Supreme Court does not place a hold on his ruling by them, same-sex marriages may be permitted in California.

-- Maura Dolan in San Francisco