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...
Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .