9th Circ. Asked To Lift Prop 8 Stay Before Ruling

Law360, New York (February 23, 2011, 11:30 PM EST) -- Same-sex marriage advocates fighting Proposition 8 asked the Ninth Circuit on Wednesday to allow gay men and women to marry while the court decides the constitutionality of the law.

The plaintiffs, two same-sex couples, filed a motion in the U.S. Court of Appeals for the Ninth Circuit to vacate the stay issued by the court that allows the federal government to enforce Proposition 8, a 2008 California ballot initiative that effectively banned gay marriage.

They say the "procedural detour" to the Supreme Court of California, which...
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