The California Supreme Court has denied petitions to return Prop 8

The California Supreme Court has denied petitions to return Prop 8

It’s very likely you weren’t aware of efforts that resulted in the California Supreme Court denying a petition to return Prop 8. In spite of the Supreme Court decision declaring Proposition 8 ““ which prevented same-sex marriages ““ unconstitutional, supporters of that denial of civil rights continued seeking a way to stop marriages of same gender couples.

They lost. Again.

Yesterday the state’s Supreme Court denied requests to stop the marriages. Maura Dolan, at the LA Times, reports.

The California Supreme Court refused Wednesday to revive Proposition 8, ending the last remaining legal challenge to same-sex marriage in the state.

Meeting in closed session, the state high court rejected arguments by ProtectMarriage, Proposition 8’s sponsors, that only an appellate court could overturn a statewide law.

Chris Geidner, at Buzzfeed, adds:

Two challenges to same-sex couples’ marriage rights in California were turned away by the state’s Supreme Court Wednesday.

The California Supreme Court denied the petitions filed by the proponents of California’s marriage amendment, Proposition 8, and by the San Diego County Clerk, Ernest Dronenburg. …
The cases had sought a ruling from the court that state officials lacked authority to mandate that Proposition 8 could no longer be enforced across the state, but the court denied those requests.

While more and more of those who have ““ and certainly some still do ““ believed marriage is strictly between “one man and one woman” have acknowledged that the tide of popular opinion, courts and many Electeds have turned to marriage equality, some opponents of such continue their efforts. In this case, the California Justices ruled thusly:

“˜The petition for a writ of mandate is denied,’ the court ordered in the proponents’ case.

“˜The request for dismissal of the petition for a writ of mandate is granted,’ the court ordered in the clerk’s case.

Kamala D. Harris, California’s Attorney General, issued this statement (via Buzzfeed):

“˜Once again, equality and freedom triumph in California. The California Supreme Court has denied the Proposition 8 proponents’ latest attempt to deny same-sex couples their constitutional right to marry. I applaud the Court’s decision and my office will continue to defend the civil rights of all Californians.’

At Think Progress Zack Ford writes:

This means that there is no longer any legal threat still on the table to try to shut down marriage equality in the state. U.S. Supreme Court Justice Anthony Kennedy similarly rejected a challenge filed at the federal level.

Emphasizing the “this is the end” of Prop 8 theme, David Badash, at The New Civil Rights Movement:

Today the California Supreme Court pounded the final nail in Prop 8’s coffin, ensuring that the frivolous and juvenile attempts by anti-gay groups to revive Prop 8 will never succeed. The Court today denied petitions that would have applied judge Vaughn Walker”˜s historic Prop 8 decision “” which the US Supreme Court upheld in June of this year “” to a small area of California, making same-sex marriage legal in only part of the state.

Still, I don’t think anyone will be surprised if “defense of traditional marriage” efforts continue in California. They certainly are in most if not every other state. At the same time, marriage equality efforts continue. One tactic in an increasing number of states involves same-gender couples attempting to get a marriage license, often in coordinated efforts around a state.

For now, legal marriage is possible in thirteen states, plus the District of Columbia. Those states: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington.

One of the best responses I’ve seen to the California Supreme Court decision is from Jeremy Hooper, at Good As You:

Increasingly out of options, expect the opposition to soon start standing outside of gay people’s weddings and making “˜tsk, tsk’ sounds.

(California State Supreme Court Official Photo via California Supreme Court)