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Law Professor: ‘9th Circuit Acted With The Utmost Responsibility By Ending A Stay’

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Anjali Hemphill joined CBS 13 in June 2012 and she's happy to make the...
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SACRAMENTO (CBS13) – Less than 24-hours after same-sex weddings were back underway in California, Proposition 8 proponents filed an emergency motion Saturday to once again stop the ceremonies.

The legal maneuver comes amidst a flurry of new marriage licenses already going out.

“There’s nothing wrong with the 9th Circuit doing exactly what it did,” said McGeorge School of Law Professor John Myers.

A last-ditch legal challenge to keep same-sex marriage in limbo is unlikely to work according to the law professor.

“One could argue that the 9th Circuit acted with the utmost responsibility by ending a stay that should not have been imposed in the first place,” said Myers.

Following a flurry of gay marriage ceremonies immediately after California’s 9th District Court lifted its stay on same-sex marriages, Prop 8 supporters filed a challenge Saturday, saying the marriages were resuming too soon.

Their statement reads “Under Supreme Court procedural rules, ‘final disposition’ comes when the Supreme Court issues a ‘mandate’ to the Ninth Circuit, at least 25 days after announcing its opinion in the case.”

Myers says their emergency petition won’t have much of an impact because in the Supreme Court’s ruling, activists do not have any legal standing.

“You’d have to convince the five justices who said there was no standing, ‘oh, I guess I was wrong.’ I don’t think that’s going to happen,” said Myers.

What has happened is hundreds have rushed to the courts to make their love for each other official, despite the fact there is still a large diversity of opinion on the issue of gay marriage.

“We’re not done yet at the political level, but — at least for Prop 8 — I think the last nail is in the coffin, unless proponents go back to the ballot box and see how they do this time,” said Myers.

The Sacramento County Clerk’s Office stayed open late Friday, issuing 19 marriage licenses and performed 11 ceremonies for Sacramento area same-sex couples.

Another rush is expected on Monday.

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