California high court rejects request to halt same-sex marriages

[JURIST] The Supreme Court of California [official website] on Tuesday rejected a request from Proposition 8 [text, PDF; JURIST news archive] supporters to halt same-sex marriages. Last week attorneys representing Alliance Defending Freedom (ADF) and Protect Marriage [advocacy websites] filed a petition [JURIST report] emphasizing that the US Supreme Court's decision in Hollingsworth v. Perry [SCOTUSblog backgrounder] did not directly address the constitutionality of Proposition 8, California's same-sex marriage ban. The groups contended that the June decision [JURIST report] from the US Court of Appeals for the Ninth Circuit [official website] to dissolve the ban on same-sex marriage did not apply state-wide, meaning certain county clerks may still be prohibited from issuing marriage licenses to same-sex couples. While California's high court rejected the the request without issuing an opinion, it is not expected to rule formally [LAT report] on the groups' petition until August.

Same-sex marriage [JURIST backgrounder] continues to be a contentious issue in the US and abroad. Last week Pennsylvania Attorney General Kathleen Kane announced that she will not defend [JURIST report] Pennsylvania's statutory ban on same-sex marriage. The American Civil Liberties Union (ACLU) filed a federal lawsuit [JURIST report] in Harrisburg on behalf of 21 Pennsylvania residents who wish to marry their same-sex partner or who are seeking recognition by the state of Pennsylvania of their out-of-state same-sex marriage. In June ADF filed an emergency petition [JURIST report] stating the decision to lift California's ban on gay marriage was not legal and was decided prematurely. The US Supreme Court, however, rejected this request [JURIST report] to block to the issuance of same-sex marriage licenses.

 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.