The decision means same-sex marriages can resume in the state. Gay marriage foes had filed the motion Saturday asking the high court to step in, less than 24 hours after the state started issuing marriage licenses to same-sex couples in the wake of a Supreme Court ruling earlier in the week.
That ruling, on California’s Proposition 8 gay marriage ban, was expected to clear the way for the state to resume issuing gay marriage licenses.
But in their filing, attorneys with the Arizona-based group Alliance Defending Freedom argued that the 9th U.S. Circuit Court of Appeals acted prematurely and unfairly on Friday when it allowed gay marriage to resume by lifting a hold it had placed on same-sex unions amid the lawsuit.
“The Ninth Circuit’s June 28, 2013 Order purporting to dissolve the stay … is the latest in a long line of judicial irregularities that have unfairly thwarted Petitioners’ defense of California’s marriage amendment,” the application states. “Failing to correct the appellate court’s actions threatens to undermine the public’s confidence in its legal system.”
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