August 3, 2013

One Prop. 8 writ petition withdrawn [UPDATED August 5]

The San Diego County Clerk says he has withdrawn his writ petition that asked the Supreme Court to let him enforce Proposition 8’s ban on same-sex marriages. The withdrawal does not yet appear on the Supreme Court’s website.

The court less than two weeks ago denied the Clerk’s request for a stay of same-sex weddings while his petition was pending.

The Clerk’s writ petition followed by a week a similar writ petition filed by other same-sex marriage opponents. The court denied a stay request regarding that petition, too.

Preliminary briefing was completed Thursday on the remaining writ petition. Thus, the court can rule at any time, and we wouldn’t be surprised to see a ruling next week. It is highly unlikely that the ruling will be an outright grant of the petition. As mentioned, the next action the court takes will probably be either a summary denial of the writ petition or a decision to hear the petition on its merits and to schedule additional briefing and an oral argument.

[UPDATED Monday afternoon, August 5: The court's website now reflects the filing of a motion to dismiss by the Clerk's lawyer. The dismissal request is here.]

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