California Supreme Court rejects stay of homosexual marriage ruling

San Francisco, Calif., Jun 4, 2008 / 12:05 pm

The California Supreme Court has denied requests to stay its May 15 decision instituting homosexual marriages until after the November 2008 election.

The court also denied rehearing petitions by a 4-3 vote.

The Campaign for California Families and the Proposition 22 Legal Defense and Education Fund had petitioned for a delay citing the confusion that would be created if a constitutional amendment to define marriage as between a man and a woman succeeds in November.

The Liberty Counsel, which filed the request on behalf of the Campaign for California Families, argued that, “A stay would avoid the circus-like atmosphere that occurred in 2004 when 'same-sex marriage' licenses were issued by San Francisco and then later voided. The Amendment would similarly overrule this Court’s decision and nullify the licenses issued between the end of June and November."

The attorneys general of Utah, Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina and South Dakota had also submitted a request for a stay, arguing the new marriage law would excessively burden other states when same-sex couples legally married in California try to force other states to recognize their unions.

The state Supreme Court said its May 15 decision will become final on June 16 at 5:00 p.m.