Court of Appeal Takes Jurisdiction Over California Marriage Cases

Jun 16, 2008

The California Court of Appeal has jurisdiction over the marriage cases now that the California Supreme Court's May 15th decision became final at 5:00 p.m. PT today.

The California Supreme Court struck down two state statutes that allowed only opposite sex couples to marry. The Court then directed the Court of Appeal to take "further action consistent with this opinion," once the decision became final.

Liberty Counsel has asked the Court of Appeal to take further action by staying the May 15 decision so that the legislature can address the other conflicting statutes that were not previously addressed by the courts. Liberty Counsel also argues that same-sex marriage licenses should not be issued until after the November 2008 general election, in order to preserve the people’s right to vote on the Marriage Protection Act.

Liberty Counsel's request has not yet been ruled on by the Court of Appeal. Further information will be posted as it becomes available. 

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