Late yesterday, the legal team behind the Prop 8 Challenge filed their response to the Motion for Emergency Stay.. You can see the full document over the flip. Nothing too surprising here. The plaintiffs basically went through the four factors for a stay, and showed that the burden has not been met.

The Plaintiffs’ motion specifically argues that:

·      Proponents cannot possibly make a “strong showing” that they are likely to prevail in their appeal.

·      There is significant question as to whether Proponents even have standing to pursue an appeal.

·      Proponents have failed to establish that they will likely suffer irreparable injury in the absence of a stay.

·      A stay will cause substantial irreparable harm to Plaintiffs.

·      The public interest favors immediate enforcement of the judgment.

The deadline, as you probably recall, is August 18 at 5pm.  If the 9th Circuit declines to issue a stay or simply does not do anything by then, counties will be able to issue marriage licenses to same sex-couples.

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