The 9th circuit court of appeals has granted a stay, pending the appeal.
Legalese is here. Quote:
Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California.
The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997).
They are doing this on a VERY accelerated schedule. The prop 8 YES side has exactly one month (sep 17th) to submit a formal appeal. The prop 8 NOWTF side has one month after that (oct 18th) to file their counter against the appeal. The 9th circuit court will determine the merits of the case by November 1st, and proceed to appeals trial from that point.
However, if the Prop 8 YES side cannot prove the merits of the case and their legal standing to file the appeal in this first round, then the appeals court will uphold Judge Walker's decision and the court will decline to review the case at all. The anti-gay-marriage crowd needs to hire some better lawyers for this round. (Unfortunately, the best in the business were already hired by the pro-gay-marriage crowd, and they're not available as they're itching to go for round 2.)