Gay Marriage Foes Want CA To Stop Recognizing Relationships

Fighting for the lost cause

Supporters of California's Proposition 8 asked the state Supreme Court on Friday to order counties in the state stop performing gay marriages, saying the Supreme Court's recent ruling does not actually block the state's ban on same-sex marriage.

Alliance Defending Freedom in its petition (posted here) argues that the Supreme Court did not rule on Prop 8's constitutionality, deciding instead that its supporters did not have standing to appeal a district court ruling and leaving that ruling intact. Since that court's order does not apply statewide, the alliance said, the California Constitution still bans gay marriage.

Until an appellate court or higher rules Prop 8 unconstitutional, they say, the state is bound by the constitution to enforce it.