California AG Harris says Obama Dooms Prop 8


California Attorney General Kamala Harris is asking the 9th Circuit Court of Appeals to immediately lift its stay of gay marriage in California, because she claims President Obama's decision not to defend DOMA dooms Prop 8.

Most conservative and centrist legal experts disagree:

Ed Whelan at National Review: The plaintiffs’ motion is objectively frivolous, but given the fact that Judge Stephen Reinhardt sits on the merits panel that will rule on the motion, that fact doesn’t guarantee that the motion will be denied. (I think, though, that it ought to be very difficult for Judge Michael Hawkins, who is on the merits panel with Reinhardt and was on the motions panel that issued the stay, to reverse course.)

Scott Schafer: … As for chances of success in dropping the stay? Don't bet on it. The 9th Circuit is treading carefully on this one --as evidenced by asking the CA Supreme Court to weigh in on a central question of legal standing. Prop. 8 backers would appeal lifting of the stay to the U.S. Supreme Court in a New York minute. The Supremes practically make a hobby out of reversing the Ninth ... so it's unlikely they'll test them on this. Besides -- if the stay is lifted, more couples get married and Prop. 8 is ulimately upheld, those couples would then be "unmarried" again. Talk about emotional roller coasters!