California same sex marriage case hangs on technicality


TransexualThe next stage of California’s gay marriage court battle rests on a procedural issue that could halt the case, leaving same-sex unions legal in California without a U.S. Supreme Court ruling to guide the country.

A San Francisco federal judge struck down the California same-sex marriage ban, known as Proposition 8, earlier this month and the case was immediately appealed to the federal Ninth Circuit Court of Appeals.

On Monday, those appellate judges set a hearing for December and put gay marriages on hold pending appeal. They made only one comment relating to legal issues, asking the team supporting the same-sex marriage ban to say why the case should not be dismissed due to lack of standing — a term for the right to appeal. [More]

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