Gay-marriage opponents Sunday lost a last-ditch bid to reinstate California’s Proposition 8 ban on same-sex marriage, when a Supreme Court justice denied a motion to suspend the wedding ceremonies, which resumed in the state last week.
The Ninth U.S. Circuit Court of Appeals, in San Francisco, lifted its stay Friday of a 2010 federal district court order invalidating Proposition 8, following Wednesday’s Supreme Court decision dismissing the appeal of that order.
In an emergency petition filed with Justice Anthony Kennedy, who oversees the Ninth Circuit, Proposition 8 backers said the appeals court lacked authority to issue its Friday order because the Supreme Court hadn’t yet sent out a certified copy of its Wednesday ruling, and because Supreme Court rules generally require a 25-day delay before rulings become final.
On Sunday, Justice Kennedy denied the application without comment, a Supreme Court spokesman said.