Supporters of California’s Proposition 8 asked the state’s high court to order county clerks to enforce the gay-marriage ban, saying a U.S. Supreme Court ruling didn’t decide whether it was constitutional.
The nation’s highest court on June 26 ruled that the sponsors of Proposition 8, the 2008 ballot initiative that defined marriage as being between one man and one woman, lacked the legal right to appeal a federal trial judge’s ruling that the measure was unconstitutional.
In a 5-4 decision, the court reinstated the trial judge’s order allowing same-sex marriage, without deciding whether gays have a constitutional right to marry or even ruling directly on the voter-approved proposition, which amended the state’s constitution.
Alliance Defending Freedom, a legal group siding with Proposition 8 supporters, said in a petition to the California Supreme Court today that county clerks should abide by the state constitution.
“The more than 7 million Californians that approved Proposition 8 have a right to see the rule of law -- and the constitutional initiatives that the people enact -- respected,” Austin Nimocks, a lawyer for the group, said in an e-mail.
They also said the lower-court ruling overturning the measure didn’t apply statewide.
The case is Perry v. Brown, 10-16696, U.S. Court of Appeals for the Ninth Circuit (San Francisco). The Supreme Court case is Hollingsworth v. Perry, 12-144.
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