SAN FRANCISCO (KCBS)_ The Ninth Circuit Court of Appeals has set a tight time-limit on receiving the next round of paperwork in the on-going Prop. 8 appeals process.
The Court has received the motion to stay gay marriages through the appeals process from the Pro-Prop. 8 side.
It has now ordered that the response from the same-sex marriage plaintiffs be filed by 11p.m. Friday and that any reply to that response from the defendants of Prop. 8 are due by Monday at 9 a.m.
Constitutional Law professor Rory Little of UC Hastings College of the Law says both sides have likely been preparing their appellate paperwork for some time.
“This is standard practice for the Ninth Circuit’s motions panel. The theory is that it’s an emergency motion and that it needs to be decided quickly, according to the people that filed it. The staff attorneys get that and they set as tight a schedule as they think they need,” says Little.
Professor Little says quick deadlines are not unusual.
Meanwhile, California’s attorney general says same-sex weddings should be allowed immediately.
Jerry Brown urged the 9th U.S. Circuit Court of Appeals to lift the ban while it considers an appeal in the case.
A lower court judge struck down Proposition 8 on August 4th, but gave the 9th Circuit until next Wednesday to decide whether to keep the ban in place during the appeal.
Brown filed the papers late Friday.
Brown is named as a defendant in the lawsuit by two same-sex couples, but has refused to defend Proposition 8 in court.
Sponsors of Proposition 8 defended the ban instead.