The cases are a plea to overturn the Walker decision that Prop 8 was unconstitional and the other is also an attempt to overturn Walker’s ruling, but with the argument that Walker should have disqualified himself from ruling on the case because he is gay.
In a brief order, a three-judge panel consolidated cases that both carry the case title Perry, et al., v. Brown, et al. (Circuit dockets 10-16696 and 10-16577). Both are challenges, but for different reasons, to a federal District Judge’s ruling in August 2010 nullifying the ballot measure adopted by the state’s voters in 2008
Both cases involve appeals by the sponsors and promoters of Proposition 8. Those backers, as well as the same-sex couples who had challenged the ban, had told the Circuit Court that they were in favor of consolidating the two cases, so long as it did not result in a delay in the Circuit Court’s review. By agreeing to consolidate the two proceedings, the Circuit Court at least implied that there would be no delay by going forward with them together
Its expected that the Court will move quickly on a decision. But that’s been said for the past 4 years that these cases have been moving back and forth within the judicial system
If indeed the Ninth Circut DOES uphold Walkers ruling that Prop 8 is unconstitutional. Expect Prop 8 backers to file a stay and also file an appeal with the the Unites States Supreme Court which if a stay is granted, would once again stop further same sex marriages in California until SCOTUS decides weather or not to rule on the case.