9th Circuit lets Prop 8 stand during appeal

The Ninth Circuit Court of Appeals on Wednesday denied a motion which would have forced California to immediately resume same-sex “marriage” while the court considers a case challenging Proposition 8, the state constitutional amendment which defines marriage as a union of one man and one woman.

The Ninth Circuit had stayed District Court Judge Vaughn Walker’s ruling overturning Proposition 8 while it considers an appeal of that ruling. The plaintiffs’ motion to vacate the stay of Walker’s opinion was filed less than two hours after Attorney General Eric Holder announced that the Department of Justice would no longer defend the federal Defense of Marriage Act in court. By this act, the Obama Administration abdicated its constitutional responsibility to protect laws enacted by Congress from constitutional challenges.

“The Ninth Circuit’s decision to keep California’s marriage law in place as the case progresses shows that, unlike the current administration, it respects the rule of law,” said FRC President Tony Perkins today. “Even the liberal Ninth Circuit recognized that it would be wrong to suspend enforcement of a state’s constitution on an interim basis, and they should be applauded for their decision.”

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