WASHINGTON?Gay-marriage opponents lost a bid Sunday to temporarily reinstate California's Proposition 8 ban on same-sex marriage, when a Supreme Court justice denied their motion.
Same-sex marriages resumed in the state Friday shortly after the Ninth U.S. Circuit Court of Appeals in San Francisco said a 2010 federal district court order finding a constitutional right to same-sex marriage should take effect immediately. That followed the Supreme Court's Wednesday ruling that federal appeals courts lacked jurisdiction to review the 2010 district court order.
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Reuters Kris Perry, right, and Sandy Stier, who sued against Proposition 8 and were married Saturday, ride in San Francisco's gay-pride parade Sunday.
Proposition 8 backers petitioned Justice Anthony Kennedy, who oversees the Ninth Circuit, arguing that the appeals court should have waited 25 days?the time generally required before high court rulings become final. On Sunday, Justice Kennedy denied the petition without comment, a court spokesman said.
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The Supreme Court's ruling turned on whether Proposition 8 supporters had standing to defend the law in federal court. Chief Justice John Roberts, writing for the majority, said only California could appeal a decision invalidating one of its laws, and it had declined to do so. Justice Kennedy dissented. Neither side discussed the merits of the law.
The Supreme Court's ruling effectively reinstated the district court decision, which the Ninth Circuit had stayed during the appeals process.
Same-sex weddings, which had begun under a California Supreme Court ruling until ended by the November 2008 Proposition 8 vote, resumed Friday almost immediately after the Ninth Circuit lifted its stay of the district-court ruling.
California Attorney General Kamala Harris officiated at the first such ceremony. The couple heading the suit that invalidated Proposition 8, Kristin Perry and Sandra Stier, was married at San Francisco City Hall.
Same-sex marriages were to resume Monday in other California counties, including Los Angeles and Orange counties, officials said.
Under Supreme Court rules, Proposition 8 backers may ask another justice to reinstate the order blocking same-sex marriages, and any justice who receives such an application may also refer it to the full court for action.
Write to Jess Bravin at jess.bravin@wsj.com
Source: http://online.wsj.com/article/SB10001424127887323297504578577610486721152.html?mod=rss_US_News
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