After the Supreme Court sounded the death knell for California’s Prop H8 last June, the wingnuts out there in The Golden State foot-stomped, head-snapped, and law-suited all over the place trying to keep the thing alive, but earlier this week, the California Supreme Court refused to revive Proposition 8, effectively unplugging it from lifer support and ending the last remaining legal challenge to same-sex marriage in California.
After meetings in closed session, the court rejected arguments by the ludicrously named ProtectMarriage, the original sponsors of H8, that only an appellate court could overturn a statewide law.
After a federal judge in San Francisco declared Prop H8 unconstitutional in 2010, and state officials then refused to appeal, ProtectMarriage tried their hand at it, but the US Supreme Court ruled in June that initiative sponsors have no right to defend their measures in federal court.
Still, in their challenge to the court, ProtectMarriage argued that a single judge lacked the authority to overturn a state constitutional amendment, and they also argued that Judge Vaughn Walker’s injunction applied to two counties at most and that state officials had overstepped their authority by ordering county clerks throughout California to issue same-sex marriage licenses.
Alas, California officials countered that the ProtectMarriage challenge was a veiled attempt to persuade a state court to interfere with a federal court’s order in violation of the U.S. Constitution.
After that federal appeals court lifted a hold on Walker’s injunction, same-sex couples began marrying in California, and ProtectMarriage went back to the US Supreme Court the very next day to foot-stomp and head-snap that the appeals court acted prematurely because the high court’s decision was not even final.
The Supreme Court basically said to ProtectMarriage, ‘Bugger off.’
But they refused, and instead went to the California Supreme Court, asking the justices to halt the marriages immediately while considering the legal arguments, and then that court told ProtectMarriage to, well, ‘Bugger off.’
It’s over, it’s done, it’s dead.
California is a land of Marriage Equality and, um, ProtectMarriage?