Group asks Calif. court to ban gay marriage
Lawyer Blogs
[##_1L|1369343907.jpg|width="130" height="92" alt=""|_##]A conservative Christian legal group on Thursday made a last-ditch effort to stop gay marriages in California by asking a midlevel appeals court to temporarily prohibit county clerks from issuing marriage licenses to same-sex couples beginning next week. The Virginia-based Liberty Counsel, in a petition with the 1st District Court of Appeal in San Francisco, argued that the wording of the California Supreme Court ruling legalizing gay marriages allows the lower court to set the terms and schedule for implementing the decision.
Liberty Counsel argued that the high court's May 15 ruling put dozens of state laws addressing marriage into conflict and that the Legislature needs time to address those issues.
Barring any further legal intervention, gay couples will be able to start marrying in California at 5:01 p.m. Monday, when the Supreme Court's decision becomes final. The ruling to legalize gay marriage overturned a decision by the Court of Appeal, which is therefore required to issue an order consistent with the high court's 4-3 opinion.
San Francisco City Attorney Dennis Herrera called Liberty Counsel's filing "absurd."
"I am not aware of a process in American law that enables parties to effectively appeal a higher court ruling to a lower court," Herrera said.
Vik Amar, a professor of constitutional law at the University of California, Davis, said it was unlikely the lower court would go against the will of the state Supreme Court.
"It would be an abuse of discretion to ignore the clear statement made by the Supreme Court when they turned down the stay and grant one now," Amar said.
Related listings
-
High Court ruling may delay war crimes trials
Lawyer Blogs 06/13/2008The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay may challenge their detention in U.S. civilian courts.In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the govern...
-
High Court sides with Guantanamo detainees again
Lawyer Blogs 06/12/2008The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.In its third rebuke of the Bush administration's treatment of prisoners, t...
-
Ex-Nazi guard now in Pa. loses deportation appeal
Lawyer Blogs 06/11/2008A retired steelworker who served as a Nazi guard should be deported even though the United States mistakenly granted him a visa in 1956, a federal appeals court ruled Tuesday.Anton Geiser's work as a guard meets the type of persecutory conduct banned...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.