The California Supreme Court won’t halt gay marriage in the state after the United States Supreme Court ruled Proposition 8 was not defended properly in court.
Following the ruling, a federal judge removed an injunction against same-sex marriage in the state. However, Proposition 8 supporters protested, ultimately resulting in a county clerk asking the state’s top court to halt gay marriage.
The request for an injunction to block California same-sex marriage was filed by San Diego County Clerk Ernest J. Dronenburg Jr. He filed the injunction request after the court rejected a similar one by sponsors of Proposition 8 last week, reports The Los Angeles Times.
Dronenburg’s request involved the 2010 federal injunction. He asked that the court stop the marriages until it considers the injunction, which banned all county clerks from issuing same-sex marriage certificates.
Same-sex marriages resumed in California on June 28, just two days after the US Supreme Court ruled that state officials are the only ones that can defend a ballot measure. The ruling reinstate an injunction by a retired judge that ordered state officials and clerks in Alameda and Los Angeles counties to stop enforcing Proposition 8.
The California Supreme Court has already struck down a ban on gay marriage. However, voters reinstated the ban when they passed Proposition 8. Two gay couples went to federal court to challenge the law, resulting in the US Supreme Court’s decision last month.
The state’s top court is set to rule on the challenges to Proposition 8 in August or later. Until then, it appears that gay marriages can continue in the two counties. CNN notes that the California Supreme Court released a brief statement about the ruling, saying, “The request for an immediate temporary stay or injunctive relief is denied.”
California Attorney General Kamala Harris tweeted the news, writing, “The CA Supreme Court has denied the San Diego County Clerk’s request to halt same-sex marriages. #Prop8.” Harris is among several state officials who have backed gay marriage in California. She has also opposed the implementation of Proposition 8.