Bid for hold on California gay marriage ruling could postpone unions - San Jose Mercury News

Bid for hold on California gay marriage ruling could postpone unions - San Jose Mercury News: "By Howard Mintz
Mercury News
Article Launched: 05/22/2008 04:19:13 PM PDT


Gay weddings in California are likely to be stalled until at least mid-July following a request filed today with the California Supreme Court by conservative groups seeking a hold on last week's ruling striking down the state ban on same-sex marriage.
In a 21-page legal brief, the Arizona-based Alliance Defense Fund is asking the Supreme Court to rehear the case on one issue - a request to postpone the impact of last week's ruling until after the November election, when voters may consider a ballot initiative to restore the ban on same-sex marriage through a constitutional amendment.
Lawyers for the defense fund argue that freezing the ruling would avoid legal chaos around the state as gay couples move to capitalize on their newfound legal right to marry by obtaining marriage licenses between now and November.
The Supreme Court seldom grants motions to rehear its decisions, but such requests create a procedural delay in the usual 30-day window before a ruling becomes final. The justices typically take another 30 to 60 days to resolve rehearing petitions, which would push potential wedding dates for same-sex couples into late summer.
Same-sex couples have already been preparing to marry in counties across California, hoping they might be able to obtain marriage licenses as soon as mid-June. Today's legal filing now heightens the possibility couples will have to wait longer, although court officials say the stay request is certain to be resolved well before the fall election"