HAGÅTÑA, Guam — The plaintiffs who were denied their application for same-sex marriage in Guam on April 9 filed an opposition yesterday to the governor’s May 4 “motion to hold case in abeyance,” or a motion for a stay, until a similar case is decided in the U.S. Supreme Court.
The government as the defendant has requested from the District Court of Guam a 14-day extension to respond to the motions to allow the governor time to consult with his legal counsel and also saying the attorney general only recently appointed on May 1 a counsel to serve as a special assistant attorney general in representing the defendants.
Represented by the firm Thompson, Gutierrez & Alcantara, the plaintiffs say that a motion to stay should be denied because it would result in “further harm” and be an “ongoing violation” of the plaintiffs’ Constitutional rights, while the government would not suffer any hardship or inequity. Additionally, the plaintiffs’ counsel said the request is at odds with the actions of the Ninth Circuit and the Supreme Court in similar requests, which “have held laws such as Guam’s to be unconstitutional.” The opposition cites the defendant’s failure to dispute any of the facts, thereby making the case capable of immediate resolution.
The plaintiffs are renewing their request for expedited resolution of their pending motions for summary judgment and preliminary injunction. — For further developments on this case, see the May 18 issue of the Journal.