US: Justice denies latest attempt to halt same-sex marriage in California

Illustrated rainbow pride flag on a white background.

A request from equal marriage opponents to halt the resumed same-sex weddings taking place in California has been rejected by a Supreme Court Justice.

Supporters of the now defunct Proposition 8, which banned same-sex marriages in California, filed an emergency appeal on Saturday evening in a bid to halt same-sex weddings resuming in the state.

A legal team working for ProtectMarriage argued that the courts acted in a “lawless” way by overruling the Proposition 8 voter initiative.

The claim was rejected without comment today by Justice Anthony Kennedy.

Justice Kennedy was the swing voter among the nine Supreme Court Justices whose decisions in the Proposition 8 and DOMA were crucial to the rulings.

The first same-sex wedding since Prop 8  took place on Friday between the plaintiffs who brought the case against it.

The Court lifted its stay on an injunction which had ordered state officials to stop enforcing Prop 8, meaning marriage licenses could immediately be issued to same-sex couples.

Andy Pugno, general counsel for ProtectMarriage, said the 9th Circuit should have waited 25 days following the Supreme Court decision, in order to allow his group the ”right to ask for reconsideration.”

“This outrageous act tops off a chronic pattern of lawlessness, throughout this case, by judges and politicians hell-bent on thwarting the vote of the people to redefine marriage by any means, even outright corruption,” he said in a statement.

“The resumption of same-sex marriage this day has been obtained by illegitimate means. If our opponents rejoice in achieving their goal in a dishonorable fashion, they should be ashamed,”  he continued.

The 9th Circuit had originally announced that it would take 25 days in order for same-sex weddings to resume.

Some opponents to equal marriage had argued that the case taken to the Supreme Court only applied to the two couples who brought it, and have asserted that they will continue to fight against marriage equality.