The California Supreme Court refused Monday to stop gays from marrying while it considers a legal bid to revive Proposition 8.
The court rejected a request by ProtectMarriage, the sponsors of the 2008 ballot measure, to stop the issuing of marriage licenses to same-sex couples while considering the group’s contention that a federal judge’s injunction against the marriage ban did not apply statewide.
The court is not expected to rule on the group’s petition until August, at the earliest.
The U.S. Supreme Court decided last month that ProtectMarriage lacked the legal right to appeal a 2010 injunction against Proposition 8 issued by a federal trial judge in San Francisco.
Gov. Jerry Brown said the injunction compelled him to order county clerks to issue marriage licenses to same-sex couples.
But ProtectMarriage insists the injunction applies only to two counties at most and that Brown erred when he ordered clerks to stop enforcing the marriage ban.
State Atty. Gen. Kamala D. Harris, whose office represents Brown, has contended that ProtectMarriage is asking the state court to interfere with a federal court order in violation of the constitution.
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