SAN FRANCISCO (KCBS)— The Supreme Court is expected to announce on Monday whether it will consider the constitutionality of Proposition 8, the California measure than bans same-sex marriage. The high court could either decide to hear the case or postpone a decision to a later date or deny the appeal.
If the Supreme Court denies the appeal by gay marriage opponents, the Ninth Circuit Court of Appeals ruling that struck down Proposition 8 would stand and same-sex marriage would be legal in California.
City Attorney Dennis Herrera cautioned gay couples not to line up to get married yet.
KCBS' Barbara Taylor Reports:
"Same-sex marriages could resume in California once the Ninth Circuit Court of Appeals issues its mandate," he said.
Herrera has asked for a heads up on when the stay would be lifted if the Supreme Court declines to hear the Prop. 8 case. The city wants to make sure it's ready for gay nuptials and possible rallies or protests.
"We happen to believe better safe than sorry, being pro-active, taking the necessary steps to make sure that we have the resources available to us, should they become necessary. It's just good planning from the city's perspective," Herrera added.
Many legal experts believe the high court will review at least one of the gay marriage cases before them, but it isn't yet clear if it's a Prop. 8 case or one of several challenges to the Defense of Marriage Act.
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