Is the Prop. 8 Litigation Really Over?

Same-sex marriages may have resumed in California, but the litigation over Proposition 8 may sputter along for a bit. At SCOTUSBlog, Tom Goldstein reports on some interesting post-decision filings in Hollingsworth v. Perry. Proponents of Proposition 8 are seeking the Supreme Court’s intervention to prevent the U.S. Court of Appeals for the Ninth Circuit from lifting the stay on the district court’s order. Their argument is that lifting the stay would be improper until the judgment issues from the Supreme Court, and that isn’t scheduled to occur in July, 25 days after the opinion. Yet as Goldstein notes, it’s not clear why the Ninth Circuit can’t lift its own stay on its own authority (which it has done), nor is it clear how the Prop. 8 proponents have standing to raise this claim, as the Supreme Court determined they don’t have standing to defend the proposition. I doubt these post-decision filings will amount to much, but they’re interesting nonetheless.

UPDATE: SCOTUSBlog reports Justice Kennedy has denied the petition without comment.

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