Entries in California's Proposition 8 (2)


Supreme Court Denies Emergency Stoppage of Gay Marriage

iStockphoto/Thinkstock(WASHINGTON) -- The Supreme Court denied an emergency motion filed by  sponsors of California's Proposition 8 to stop the same sex weddings that resumed in California shortly after last Wednesday's Supreme Court rulings.

Typically when the high court issues a decision the losing party has 25 days to file a petition for reconsideration before the ruling takes effect. Supporters of Proposition 8 claim the 9th U.S. Circuit Court of Appeals made a premature move by allowing same sex marriages to go forward on Friday night.

Hundreds of gay couples have been married in California since Friday.

Austin Nimocks, senior counsel for Alliance Defending Freedom, filed an emergency motion Saturday asking the Supreme Court to overrule the Appeals Court decision allowing same-sex weddings to begin. He says they still had 22 of 25 days left.

“There's a reason that there's a 25 day window when the Supreme Court rules to allow parties to digest the Supreme Court's opinion and file subsequent applications if necessary. But the 9th Circuit jump started that process, not abiding by the Supreme Court rule or its own representation,” Nimocks said.

Midday Sunday, Supreme Court Justice Anthony M. Kennedy rejected the request, meaning gay marriage in the state can continue unimpeded. He made no further comment.

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President Obama Explains Legal Argument for Same-Sex Marriage

SAUL LOEB/AFP/Getty Images(WASHINGTON) -- President Obama strongly suggested Friday that his interpretation of the Constitution does support a fundamental right to same-sex marriage, even if he didn’t put that argument in writing before the Supreme Court in a legal brief against California’s Proposition 8.

“What we’ve said is that same-sex couples are a group, a class that deserves heightened scrutiny, that the Supreme Court needs to ask the state why it’s doing it, and if the state doesn’t have a good reason it should be struck down,” Obama said Friday at an impromptu news conference in the White House briefing room. “That’s the core principle, as applied to this case.

“The court may decide that if it doesn’t apply in this case, it probably can’t apply in any case,” he said.  ”There is no good reason for it. … If I were on the court, that would probably be the view that I’d put forward.”

On Thursday, the Justice Department asked the Supreme Court to strike down the California ban on same-sex marriage but stopped short of calling for a fundamental right to marriage in every state under the Constitution.

The administration argued on paper that California’s Proposition 8 violates the equal protection clause of the Constitution, noting that the state extends all of the rights and responsibilities of marriage to gay and lesbians, but forbids them the designation of “marriage.”

The brief suggested that if the court were to agree with the administration’s position, gay marriage laws in seven other states could be in jeopardy. Those states – Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island – offer same-sex couples access to civil unions, which carry the same package of legal benefits as marriage without the name.

“The specific question presented before the court right now is whether Prop 8 and the California law is unconstitutional. And what we’ve done is we’ve put forward a basic principle which applies to all equal protection cases,” Obama said Friday.

“Whenever a particular group is being discriminated against, the court asks the question, what’s the rationale for this, and it better be a good reason, and if you don’t have a good reason we’re going to strike it down,” he said.   “When the Supreme Court essentially called the question by taking this case about California’s law, I didn’t feel like that was something that this administration could avoid.”

Experts say the administration’s legal argument to the Supreme Court on Prop 8 reflects Obama’s recognition that the court prefers to move incrementally on major social issues and is unlikely to approve of a sweeping 50-state solution at a time when 39 states still ban same-sex marriage.

Copyright 2013 ABC News Radio

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