California Supreme Court denies request to reinstate Proposition 8


Posted by AzBlueMeanie:

The California Supreme Court has denied a request by backers of Proposition 8 to reinstate the measure. California High Court Refuses to Revive Gay Marriage Ban:

Proposition 8 supporters filed a lawsuit July 12 asking the
state’s high court to order county clerks to enforce the gay-marriage ban, claiming the measure was still valid because a
U.S. Supreme Court ruling last month didn’t find it was
unconstitutional. They sought an immediate injunction
reinstating the law while the lawsuit proceeds.

* * *

The court denied the request for an injunction reinstating the law in a one-sentence filing that didn’t give a reason.

The U.S. Supreme Court, in a 5-4 decision last month, reinstated a 2010 ruling by a federal judge in San Francisco allowing same-sex marriage, without deciding whether gays have a constitutional right to marry or even ruling directly on the voter-approved proposition. After the decision, an appeals court in San Francisco lifted its hold on the judge’s decision and state officials ordered gay marriages to resume.

Proposition 8 supporters alleged in their lawsuit that the 2010 ruling only applies to the two gay couples who sued to overturn the law and doesn’t require the 56 county clerks who weren’t defendants in that case to stop enforcing the ban.

The court will consider arguments on the questions
presented in the petition. It ordered the parties in the case to submit
arguments on the matter by Aug. 1.

The petition case is Hollingsworth v. O’Connell, S211990,
California Supreme Court (San Francisco).