Perry

Defendant-intervenors Dennis Hollingsworth, Gail Knight, Martin Gutierrez, Mark Jansson and ProtectMarriage.com (“proponents”) move to stay the court’s judgment to ensure that Proposition 8 remains in effect as they pursue their appeal in the Ninth Circuit. Doc. # 705. In the alternative, proponents seek a brief stay to allow the court of appeals to consider the matter. Id.

Plaintiffs and plamtiff-intervenor City and County of San Francisco ask the court to deny the stay and order the injunction against Proposition 8 to take effect immediately. Doc. # 718. California’s Governor and Attorney General (collectively the “state defendants”) also oppose any stay. Doc. ## 716, 717. Other than proponents, no party seeks to stay the effect of a permanent injunction against Proposition 8. Because proponents fail to satisfy any of the factors necessary to warrant a stay, the court denies a stay except for a limited time solely in order to permit the court of appeals to consider the issue in an orderly manner.

I

“A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. Holder, 556 U.S. -, 129 S.Ct. 1749, 1761 , 173 L.Ed.2d 550 (2009) (internal quotations…