November 21, 2011
By Jacob Combs
Today, the 9th Circuit agreed to consolidate the main appeal of Judge Walker’s ruling striking down Proposition 8 with the proponents’ appeal of Judge Ware’s decision not to vacate that ruling on the grounds that Judge Walker did not disclose before the trial that he is in a long term relationship with a man.
Earlier today, the City and County of San Francisco filed a brief with the court supporting the consolidation, which was proposed by Prop 8′s proponents and also supported by the plaintiffs. There are now two Prop 8 appeals before the 9th Circuit: this one (regarding the merits of the case and the motion to vacate Judge Walker’s decision), for which briefs are due Dec. 2, and the appeal of Judge Ware’s decision to release the recordings of the trial, for which arguments will be held on Dec. 8.
In other news today, the U.S. Supreme Court denied Protect Marriage Washington’s request to stay the release of petitions relating to the anti-marriage equality Referendum 71 while their case makes its way through the 9th Circuit. Justice Alito will be writing a dissent, and Justice Kagan did not take part in the decision.