Proponents of Proposition 8, ruled unconstitutional by Federal Courts, and whose Supreme Court appeal was dismissed for a lack of standing on their part to sue in Federal Courts, have filed an emergency appeal with Supreme Court Justice Kennedy. Basically claiming the 9th Circuit Court of Appeals unlawfully rescinded it’s stay on Friday when it should have waited the 25 days for a certified copy of the SCOTUS ruling, the proponents are requesting an immediate vacating of the Appeals Court order vacating IT’S stay.
It gets even crazier from that point!
The “Alliance Defending Freedom” request says, essentially, that since the Supreme Court’s ruling has not been “officially” transmitted to the lower court, it’s stay, that put it’s ruling on hold so the proponents could appeal to the Supreme Court, must remain in effect until it receives that notice.
The Supreme Court ruled that the 9th Circuit had no jurisdiction to hear the case, because the proponents did not have standing in Federal Court to bring it. It ruled the Appeals Court rulings invalid. The proponents are in the interesting position of claiming that the Court’s stay must remain in effect until it hears “formally” from the SCOTUS that it’s rulings have no effect in law!
One clear sign of the desperation of the proponents actions is that they refer to a news report questioning the action of the Appeals Court in lifting it’s stay. A news report on Fox News! (How’s that for dredging from the bottom?)
The purported basis for this emergency request is that by lifting it’s stay “early”, the Appeals Court acted in violation of the rules that permit the losing side to appeal the Supreme Court’s decision. (That appeal is made to the Supreme Court! It’s seriously not going to go anywhere!)
This entire course of action by the proponents is simply bitter bile over losing. They know they can’t win in the long run, but they want to do as much as they can to impede marriage equality in California. They would go so far as to risk undoing marriages enacted after the Appeals Court lifted it’s stay and they resumed across the state. (Not that there’s any chance the SCOTUS would have agreed to hear any more on the issue.)
This is another clear example of the animus that is directed at the LGBT community by anti-gay forces across the country. Even when their case goes down in flames, they still insist on trying to take more pot-shots, trying to do as much damage as possible. In a children’s story, the Grinch fights desperately to prevent Christmas, but in the end fails. When he sees the citizens of Whoville celebrating even without their gifts, trees, decorations, and holiday food, his heart, after a moment of reflection, grows three times in size. I’m convinced the Proponents, once they realized they lost, and after some moments of reflection, had their hearts SHRINK three times in size! Nothing else but hatred, bigotry, and animosity can explain their actions.