Appellate court’s decision to immediately permit gay marriages is challenged

While California county clerks process marriage applications for gay couples Sunday, attorneys for supporters of Proposition 8 are waiting for a response to the emergency appeal they filed Saturday evening with the U.S. Supreme Court, saying the rule of law has not been followed.

The legal team with filed its application with Associate Justice Anthony M. Kennedy, who has jurisdiction over such motions for the 9th U.S. Circuit Court of Appeals.

The emergency stay asks the high court to vacate an order issued Friday by the appellate court that permitted gay marriages to commence.

The stay was supposed to “remain in place until final disposition by the Supreme Court,” said Austin R. Nimocks of Alliance Defending Freedom (ADF). But the appeals court “acted contrary to its own order, without explanation,” when it gave the OK for gay marriages on Friday.

“The integrity of our judicial system depends in no small part on the ability of litigants and the members of the public to rely on a judge’s word,” Mr. Nimocks added.

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