Prop 8: Supreme Court Weighs In On California Gay Marriage Ban

Supreme Court Rules On Gay Marriage Case

The Supreme Court weighed in this morning on Proposition 8, California's gay marriage ban.

By a 5-4 vote, the justices held in Hollingsworth v. Perry that the traditional marriage activists who put Proposition 8 on California ballots in 2008 did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial.

“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to,” Chief Justice John Roberts wrote in the majority opinion. “We decline to do so for the first time here.”

Roberts was joined in his majority opinion by Justices Ruth Bader Ginsburg, Antonin Scalia, Stephen Breyer, and Elena Kagan. Justice Anthony Kennedy filed a dissenting opinion, joined by Clarence Thomas, Samuel Alito and Sonia Sotomayor.

Click here for more on the story, and click here to read the full opinion of the court.

This is a developing story and will be updated.

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Supreme Court Proposition 8 Case

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