July 20, 2013

Another Prop. 8 writ petition

San Diego’s County Clerk yesterday filed a writ petition asking the Supreme Court to stop same-sex weddings in California and for an immediate stay of the weddings pending a final ruling on the petition.

As with the similar writ petition filed last week by Prop. 8 supporters, the court has ordered fast briefing on the stay request and has set a schedule for preliminary briefing on the petition. The real parties in interest, including Governor Brown and Attorney General Harris, must file an informal opposition to the stay request by 9:00 a.m. on Monday (the same day that a preliminary opposition to the earlier writ petition is due) and the petitioner will have until 9:00 a.m. Tuesday to reply. A preliminary opposition “concerning the remainder of the petition” is due July 29 and petitioner’s reply must be filed by August 8.

Also as with the earlier writ petition, the Supreme Court is posting online the filings in the San Diego Clerk’s writ proceeding.

The Los Angeles Times reports that the Clerk told a county supervisor that, by filing the petition, the Clerk “merely wants legal clarification.” The petition itself, however, is not at all neutral, asking the Supreme Court to declare that the Clerk “remains obligated to enforce Proposition 8.”

The Supreme Court quickly denied the immediate stay request in the earlier writ petition. Look for a ruling on the Clerk’s stay request on Tuesday.

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