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Ninth Circuit takes another step to close Prop 8 case at appeals court level

SAN FRANCISCO – The Ninth Circuit Court of Appeals did some housecleaning today regarding California’s Proposition 8 case known as Perry v. Brown.

The appeals court today acknowledged receiving the U.S. Supreme Court judgment on June 26 that ruled that the Prop 8 supporters did not have legal standing to defend the law in court. Prop 8 supporters had appealed to the ruling by District Judge Vaughn Walker that the law was unconstitutional, and the Ninth Circuit Court of Appeals heard that case. The Ninth Circuit agreed with the lower court ruling, then Prop 8 supporters then appealed to the U.S. Supreme Court.

Today, the Ninth Circuit accepted the high court ruling and remanded the case back to itself with instructions to dismiss the appeal for lack of jurisdiction.

Here is the legalese announced today by the Ninth Circuit:

Received certified copy of Supreme Court 06/26/2013 judgment. On Writ Of Certiorari to the USCA for the Ninth Circuit. This Cause came to be heard on the transcript of the record from the above court and was argued by counsel. On Consideration Whereof, it is ordered and adjudged by this Court that the judgment of the above court is vacated, and the case is remanded to the USCA for the Ninth Circuit with instructions to dismiss the appeal for lack of jurisdiction. Supreme Court case number: 12-144. [8721310] [10-16696, 11-16577] (RR)

While the Prop 8 case is all but swept into the history books, there are still a number of legal steps needed to complete.

The Ninth Circuit needs to seal the case, expected soon.

The California Supreme Court needs to hear oral arguments in two “Hail Mary” attempts to halt same-gender marriages, including one by San Diego County Clerk Ernest Droneburg. The state’s high court has already rejected two requests to issue a stay that would have temporarily stall marriages. The court will hear oral arguments later this week.

After the Ninth Circuit and California Supreme Court finish their business involving Prop 8, the case will return to the District Court for finalization.