Lawyers for the sponsors of California's same-sex marriage ban have filed an emergency motion asking the U.S. Supreme Court to overrule the federal appeals court that on Friday freed the state to issue marriage licenses to gay couples.
Attorneys with the Arizona-based Alliance Defending Freedom said they submitted the petition on Saturday to Justice Anthony Kennedy, who handles motions dealing with the 9th Circuit Court of Appeals.
Senior Counsel Austin Nimocks says a three-judge 9th Circuit panel acted prematurely and unfairly when it lifted the hold on same-sex marriages it had put in place while a challenge to the ban made its way through the courts.
Nimocks says the Supreme Court's consideration of the case is not done yet because his clients still have 22 days to ask the justices to reconsider their decision holding that Proposition 8's backers did not have legal authority to defend the ban.
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