SAN FRANCISCO — The California Supreme Court refused Wednesday to revive Proposition 8, ending the last remaining legal challenge to same-sex marriage in the state.
The Los Angeles Times reported that in its challenge before the state’s highest court ProtectMarriage, Prop. 8’s sponsors argued that a single judge lacked the authority to overturn a state constitutional amendment. The group also contended that Judge Vaughn R. Walker’s injunction applied to two counties at most and that state officials had overstepped their authority by ordering county clerks throughout California to issue same-sex marriage licenses.
The group went to the state Supreme Court, asking the justices to halt the marriages immediately while considering the legal arguments. The seven-member court unanimously rejected the request for a “stay” or hold.
“Today’s ruling means that two Supreme Courts, the United States Supreme Court and the California Supreme Court, agree that all loving, committed couples should have the freedom to marry in California,” said Jane Wishon, Marriage Equality USA board president. “The decision is right as a matter of law and as a matter of love.”
“Today’s decision finally marks the end of years of litigation by the Prop. 8 proponents to deny the freedom to marry to lesbian and gay couples in California. Today’s decision reaffirms that all loving, committed couples, regardless of their sexual orientation, have the freedom to marry in every county across the state,” said John Lewis, Marriage Equality USA legal and policy director.
“Whether you live in a small town in the Sierra, a rural community in the Central Valley, or in one of California’s major cities, it’s now clear that you have the freedom to marry in your hometown,” said Marriage Equality USA board member Robert St. Genis. “That’s the way it should be. All Californians should be treated fairly and equally.”
