A while back, the Prop 8 plaintiffs asked the 9th Circuit to lift their stay that continued enforcement of that odious legislation. Given the situation at the time, with the changed facts of the lengthy California Supreme Court delay and the President's determination that DOMA was unconstitutional, you'd think that maybe now would be the time to act on the District Court's decision and let the marriages continue.
However, today they announced that they would not be doing that.
Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs' motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs' motion at this time. (h/t Poliglot)
I'm not sure I have any words to describe this, save one: heartless. Perhaps the Court should tell that directly to Ed and Derrence.
