Calif. Same-Sex Couples Won't Be Able to Marry This Week

The U.S. 9th Circuit Court of Appeals granted an indefinite stay, prohibiting same-sex couples in California from being wed. What's next?


Same-sex couples won't be able to marry this week. The U.S. 9th Circuit Court of Appeals granted an indefinite stay yesterday, overruling Judge Vaughn Walker's earlier decision to strike down Proposition 8 and allow same-sex marriages to resume on Wednesday.

The three-judge federal appeals court in San Francisco blocked Walker's ruling until it hears broader questions over the constitutionality of same-sex marriages.

"Regrettably, same-sex couples will have to wait longer to get married and are still being denied their fundamental right to do so," writes Geoff Kors, executive director of Equality California PACs.

Why was the California gay-marriage ban overturned? Read DiversityInc CEO Luke Visconti's answer here.

The good news: The court is expediting the appeals process. The appellants' opening brief is due in one month and the hearing is scheduled for Dec. 6.

"We are very gratified that the Ninth Circuit has recognized the importance and pressing nature of this case and the need to resolve it as quickly as possible by issuing this extremely expedited briefing schedule," says Attorney Theodore B. Olson, who with David Boies is representing the same-sex couples who brought the lawsuit. "As Chief Judge Walker found, Proposition 8 harms gay and lesbian citizens each day it remains on the books. We look forward to moving to the next stage of this case."

"This is lightning quick for a Federal Court of Appeals, and it's a very good sign," reports Prop 8 Trial Tracker. "The Court understands that this case is important, and it doesn't want it to linger." In addition, "the Court specifically orders the Prop 8 proponents to show why this case should not be dismissed for lack of standing … [This] shows that the Court has serious doubts about whether the Appellants have standing. Even better, the Court is expressing an opinion that its inclination is that the case should be dismissed."

California Assembly Speaker John A. Pérez, the state's first openly gay legislative leader, is also optimistic. In a statement issued yesterday, he said: "The fact that the Court is expediting the hearing schedule only underscores the point Judge Walker made in his ruling: LGBT Californians have suffered, and are suffering, from having our constitutional right to equal protection and due process violated every moment Prop 8 remains in effect. This ruling is a reflection on established legal convention, and in no way diminishes the powerful and eloquent statement in defense of our constitutional rights Judge Walker made in his ruling."

What's next? The plaintiffs can appeal the latest decision to Supreme Court Justice Anthony Kennedy, "who handles emergency motions for the high court," reports The Associated Press.

Please Hold

The reality is that many couples will continue to live in limbo for the next few months.

"My partner and I will be putting our wedding rings back in the drawer for a few more months (or longer) … It's difficult on a personal level to put into words how heartbreaking this is. I hear time and time again from people that things are changing on this issue and it's just a few more weeks (or months or years). But each and every day that we, and all the other same sex couples out there, are denied our right to marry is a violation of our civil rights." (Tara Lohan)

"I feel like the marriage equality yo-yo. But to be honest, my partner and I expected another stay." (Eric Ross)

Prop. 8 is a constitutional amendment approved by voters in November 2008 that defines marriage as between a man and a woman. The vote came five months after the California Supreme Court legalized same-sex marriage and roughly 18,000 couples had wed.

Currently, same-sex couples are legally allowed to marry in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

Is Your Company Using 5 Critical Practices to Increase Disability Self-Identification Rates?

The 2017 NOD Disability Employment Tracker results reveal the practices of top companies to achieve a disability workforce representation of four percent or more.

The 2018 Disability Employment Tracker™ is now open for enrollment. Complete the free and confidential survey by March 1, 2018 to receive a complimentary benchmarking Scorecard.

Read More Show Less

2017 DiversityInc Top 50 Competition Report Card Review

DiversityInc CEO Luke Visconti explains how to read the 2017 DiversityInc Top 50 Survey Report Card.

This webinar details how to read the 2017 DiversityInc Top 50 Survey Report Card. Each participating company receives a report card assessing its performance in key areas: Talent Pipeline, Talent Development, Leadership Commitment, Supplier Diversity, and Best Practices.

Read More Show Less

Memorial Day: What It Means, Why It's Not 'Veterans Day' and How to Approach Your Veterans

Memorial Day is not the day to say "Thank you" to a veteran — here's how to handle what may be a very difficult day for some veterans.

REUTERS

On Memorial Day, many well-intentioned people take time to tell the veterans in their lives, "Thank you for your service."

Read More Show Less

Asian American and Pacific Islander Heritage Month Timeline and Facts & Figures

Our timeline of Asian American achievements and detailed facts & figures serve as year-round educational tools.

This diversity-management resource offers insight to evolving workplace diversity, featuring a detailed timeline of Asian American events and the relevant demographics you need to know.

Read More Show Less

Women's History Month Timeline and Facts & Figures

Our timeline of historic women's achievements and detailed facts & figures serve as a year-round educational tool.

National Women's History Month can trace its roots back to March 8, 1857, when women from New York City factories staged a protest over working conditions. International Women's Day was first observed in 1909, but it wasn't until 1981 that Congress established National Women's History Week to be commemorated the second week of March. In 1987, Congress expanded the week to a month.

Read More Show Less

Black History Month Timeline and Facts & Figures

DiversityInc provides a downloadable list of the important dates and relevant data surrounding Black History Month.

Black History Month is a time to commemorate achievement. DiversityInc provides a list of the important dates and relevant demographics you need to know.

Read More Show Less

Veterans Day Timeline and Facts & Figures

Check out our Timeline and Facts & Figures to learn about the history of veterans, as well as veterans in the present.

REUTERS

Veterans Day is on November 11. It was first established in 1919 by President Woodrow Wilson. At this time it was called Armistice Day and was created to remember "the heroism of those who died in the country's service." Congress declared Armistice Day a federal holiday in 1938. President Dwight Eisenhower signed the legislation that changed the name to Veterans Day in 1954.

Read More Show Less