Getty Images/Justin Sullivan

A same-sex couple wearing wedding gowns walk hand-in-hand during a rally against the passing of Prop. 8 on Nov. 15, 2008 in San Francisco

There will be no weddings this week for gay and lesbian couples in California.

The Ninth Circuit Court of Appeals put a hold Monday on same-sex marriages while the Proposition 8 case is appealed. Offering no explanation in its two-page order, the court granted the stay requested by Prop. 8 supporters and put the case on a fast track with oral arguments scheduled for December.

Ever since District Judge Vaughn Walker overturned California’s ban on same-sex marriages, anticipation had been building that couples would be allowed to wed even while the case was appealed.

Last week, couples lined up at San Francisco's City Hall, waiting for Walker’s opinion on the stay. When he extended the stay to this Wednesday, wedding preparations were once again underway, but it was not to be.

Ted Boutrous, a lawyer for the challengers to Prop. 8, said he would not be appealing Monday's decision, adding that the fast-track treatment was an indication of the importance of the case.

“Rejection of the stay was our first choice,” said Boutrous. “But this speedy schedule was our second choice.”

Prop. 8 proponents hailed the decision.

“California voters spoke clearly on Prop. 8, and we’re glad to see their votes will remain valid while the legal challenges work their way up through the courts,” said Andy Pugno, general counsel for ProtectMarriage.com, which appealed the decision to overturn Prop. 8.

In its brief ruling, the Ninth Circuit signaled that it’s interested in an issue raised in Judge Walker’s recent opinion: Should the Prop. 8 supporters even be allowed to appeal the case?

The question arose because both Gov. Arnold Schwarzenegger and Attorney General Jerry Brown, representing the state of California, have disavowed the fight to keep Prop. 8 intact.

“As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the court of appeals will be able to reach the merits of proponents’ appeal,” wrote Walker in last week’s decision.

The Ninth Circuit asked for briefs on this technicality as well as the bigger issue in the case: whether or not Prop. 8 violates the constitutional rights of gay and lesbian couples.

Douglas NeJaime, a Loyola Law School professor, who among other legal scholars had predicted that the Ninth Circuit would lean in favor of Walker’s ruling on the stay, said he would’ve liked to see to see an explanation of the court’s reasoning.

“You would hope they would give reasoning since Walker did such a thorough analysis,” said NeJaime. “What this tells me is that they think of this as a political matter — they think it's better that it's stayed while the case is being appealed.”

It’s difficult to read the tea leaves at this point. Much will depend on the three judges who are chosen to hear the case. Overall, the Ninth Circuit is famously liberal, independent and unafraid to make decisions that might rankle the more conservative Supreme Court.

Marc Solomon, marriage director at Equality California, said his organization had been preparing for the stay to be lifted.

“I’m a little surprised, although I was trying not to have expectations,” he said. “We were planning for the court to lift the stay because Judge Walker’s rationale was so clear that the only harm that’s being done is harm to the couples who can’t marry, and it is disappointing.”

Roberto Ordeñana, director of community development with the San Francisco LGBT Community Center, found a silver lining: "Equality delayed even for the day is a disappointment, but we can’t lose sight of the fact that Judge Walker's ruling represents a tipping point for fairness and opportunity for all."

"We’re confident that gay marriage will come soon," he said.

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