The Slatest

Justice Kennedy Denies Prop 8 Request, Clearing Path For Gay Marriage in California

A sign depicting Associate Justice Anthony Kennedy is hoisted during a rally outside the Supreme Court during oral arguments in a case challenging the Defense of Marriage Act on March 27, 2013 in Washington, DC.

Photo by Chip Somodevilla/Getty Images

Supreme Court Justice Anthony Kennedy denied a petition to stop California from issuing same-sex marriage licenses on Sunday, paving the way for gay couples in the state to get hitched. Kennedy turned down the request “with no additional comment.”

The court dismissed Hollingsworth v. Perry—the California case that challenged Prop 8—on standing last Thursday, effectively upholding a lower court’s decision that nullified the state’s same-sex marriage ban.

From NPR:

This weekend, Kennedy (to whom appeals of decisions from California are directed) was asked to put a stop to the weddings. Prop 8’s supporters, as our colleagues at KQED reported, argued that because they have 25 days in which to ask the Supreme Court to reconsider its ruling, the marriages should be on hold for at least that long.

Kennedy disagreed. So, the marriages can continue. San Francisco’s city hall will be among the places set to be open all Sunday for the ceremonies.

Gay marriage supporters turned out in droves Sunday not just to city hall, but to the annual gay pride parade in San Francisco and other cities across the country to celebrate last week’s judicial victories.