New same-sex marriage challenge fails

Supreme Court Justice Anthony M. Kennedy
Supreme Court Justice Anthony M. Kennedy

By Lyle Denniston | SCOTUSblog

Supreme Court Justice Anthony M. Kennedy turned down at midday Sunday a request to stop same-sex marriages from occurring in California. Without comment, and without seeking views from the other side, Kennedy rejected a challenge to action by the Ninth Circuit Court on Friday implementing a federal judge’s ruling allowing such marriages. The plea had been made on Saturday by the sponsors of California’s “Proposition 8,” a voter-approved measure that permitted marriage only between a man and a woman.

Last Wednesday, the Supreme Court had ruled that the measure’s backers did not have a legal right to defend the measure in either the Supreme Court or, earlier, in the Ninth Circuit Court. While the Supreme Court considered that case, the 2010 decision by a federal judge in San Francisco striking down “Proposition 8″ had been on hold. It was that hold (or “stay”) that the three-judge Circuit Court panel lifted on Friday. Very soon after that, gay and lesbian couples started getting married in ceremonies across the state. Thousands of such couples have now obtained marriage licenses from officials in the state.

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