Gay Weddings Stay on Hold: 9th Circuit

San Francisco has denied an appeal to allow gay marriages to resume in California while the Proposition 8 case works its way through the legal appeal process.

The court posted the decision Wednesday morning in a one-page order. 

A three-judge panel of the 9th U.S. Circuit Court of Appeals denied the request made by two same-sex couples who asked the court to lift the stay of a lower court ruling that allowed same-sex marriages.

Beyond the legal speak, the marriages will not be allowed to resume for now.

U.S. District Judge Vaughn Walker's decision that Proposition 8 violates the U.S. Constitution. Proposition 8 is the voter-approved ban on same-sex marriage.

The case has taken a legal detour to the California Supreme Court. It is being asked by the federal court to decide whether the initiative sponsors have the right to appeal, in view of the fact that Gov. Jerry Brown and Attorney General Kamala Harris have declined to do so.

San Francisco City Attorney Dennis Herrera said he was saddened by the decision.

Proposition 8 supporters said that voters deserve for their votes to still count even during the appeal.

"Both sides are well aware that this issue will not be finally decided until it reaches the U.S. Supreme Court, and it helps no one for the law to shift back and forth prior to that time,'' Andrew Pugno, general counsel for the Proposition 8 campaign said.

"Loving same-sex couples should be allowed to get married while this case continues its confusing journey through the court system, which could potentially take several more years. The LGBT community has already waited far too long for the right to marry the person that they love. I will continue to be dedicated to the fight for marriage equality and to work closely with Ted Olson and David Boies of the American Foundation for Equal Rights to ensure we achieve marriage equality for all," Herrera said in a statement. 

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