Prop 8 backers lose another challenge

Justice Anthony Kennedy declined the request to halt same-sex marriages in California

Topics: Proposition 8, Anthony Kennedy, Supreme Court, California, Same-sex marriage,

Prop 8 backers lose another challenge (Credit: AP Photo/Jeff Chiu)

The backers of Proposition 8 have lost their last-ditch bid to halt same-sex marriages in California, after Supreme Court Justice Anthony Kennedy rejected their Saturday petition. Kennedy’s decision was made without comment, SCOTUSblog reports.

On Friday, the Ninth Circuit lifted its injunction against same-sex marriages, which had been put in place pending a Supreme Court ruling on the legal challenge to Proposition 8. Last week, the Supreme Court held that it did not have jurisdiction to decide the case on the merits, as the supporters of the measure, which banned same-sex marriage in California, did not have standing to appeal a District Court ruling that the law was unconstitutional. The Supreme Court’s decision vacated the Ninth Circuit’s ruling, meaning that the only barrier to same-sex marriage in the state was the injunction.

Since the Ninth Circuit’s decision, same-sex couples have already begun marrying in the state. But supporters of Proposition 8 argued that the injunction could not be lifted until the Supreme Court decision was finalized, which occurs 25 days after a decision is handed down.

Kennedy had dissented from the majority opinion on the ruling, which was written by Chief Justice John Roberts.

Jillian Rayfield is an Assistant News Editor for Salon, focusing on politics. Follow her on Twitter at @jillrayfield or email her at jrayfield@salon.com.

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