San Francisco wants a little warning, 24 hours would be good, before the 9th U.S. Circuit Court of Appeals lifts a stay in the same sex marriage case, thus allowing the weddings to resume.
This is also dependent on what the U.S. Supreme Court does with the appeal.
The appeals court struck down Proposition 8, the ban on same-sex marriage, declaring it unconstitutional in February 2012. The full court refused a request to reconsider that decision in June 2012.
The appeals court then placed a hold on the effectiveness of its decision, to give Prop. 8 supporters time to appeal to the U.S. Supreme Court.
The high court has the case, but hasn’t acted yet. But the justices are expected to consider the appeal in their conference session Friday. If they refuse to hear the appeal, the case would be returned to the 9th Circuit to issue the mandate (making its order final in the case).
“If that occurs, the City requests that the court provide the parties 24 hours notice of when it anticipates it will issue the mandate,” according to a letter to the court by Therese Stewart, chief deputy city attorney for San Francisco.
The letter was dated Nov. 27.
If the Supreme Court allows the 9th Circuit decision to stand, “the city anticipates there will be immediate and substantial demand from same-sex couples for marriage licenses and ceremonies,” Stewart said.
The county clerk was deluged twice before when major court rulings allowed same-sex marriage.
Case: Perry v. Brown, 10-16696
Supreme Court case is: Hollingsworth v. Perry, No. 12-144