Justice Anthony Kennedy Denies Motion by Prop 8 Proponents to Halt Same-Sex Marriages in California

Justice Anthony Kennedy has rejected, with no explanation, a petition by Prop 8 backers to halt same-sex marriages in California.

SCOTUSblog reports:

Since Justice Kennedy offered no explanation for denying an application claiming that the Ninth Circuit panel had no authority to lift its stay, there is no way to know what legal rationale he had used. It could have been that the sponsors of the measure lacked a legal right to pursue their challenge further, that even if they had such a right it was without legal merit, that the lower court did have the authority to decide for itself when to life the stay, or perhaps that events had just moved too rapidly in the wake of the Supreme Court ruling that it would be inappropriate to try to roll them back.

Although attorneys for the ballot measure’s sponsors have been creative in finding new ways to try to press the challenge, the brief action by Kennedy on Sunday may have removed the final barrier to the full achievement of marriage rights for gays and lesbians in the nation’s most populous state.


  1. Caliban says

    I really think that not commenting was Justice Kennedy’s way of commenting rather strongly that they should just p!ss off and stop bothering everyone with their faux complaints that don’t add up to any actual demonstrable “damages” they incur from gay marriage. He didn’t give them a reason because they’d just reword their next petition with that reason in mind. This was it’s just, “It’s done. Enough already!”

  2. JONES says

    Play a little here …

    Rather than ‘no comment’ what would you have Kennedy say on this refusal?

    What part of ‘no standing’ don’t you understanding?
    You interrupted my _____ for this?
    Did Scalia put up to this?

  3. Marty says

    I hope he is in a lounge chair on a beach, sipping a nice cocktail, and the he spent as much time as it takes to text “no” to his clerks, and then ordered another round.

  4. Marty says

    I hope he is in a lounge chair on a beach, sipping a nice cocktail, and the he spent as much time as it takes to text “no” to his clerks, and then ordered another round.

  5. kdknyc says

    They filed that motion just to justify more fundraising efforts to “fight the gay”, because they realize their gravy train has begun to derail. I’m glad Justice Kennedy smacked them down with no comment. Gives them nothing to use for their fundraising efforts. Smart man.

  6. Gestly says

    What have the Christians lost? They can continue to Be bigots and believe in their false Gods and fairytales. But all this has ever been about is their hatred for gays. This has nothing to do with marriage whatsoever.

  7. plaintom says

    As any parent knows, sometimes the best way to discipline a child having a tantrum is to simply ignore them. You reinforce the bad behavior if you give them attention they are seeking.

  8. pedro says

    Kennedy needs to start wearing bullet-proof vests and hire serious security because the teabaggers have guns and as Sarah Palin their bimbo idol has often said, they believe in Second Amendment solutions if they do not get their way.

  9. Kevin says

    It’s strangely ironic that the same man who helped play a part in gutting the Civil Rights act and made more ruligns that will screw over workers is also the man who has helped us make some of the biggest gains in the LGBT rights movement.
    As Rachel Maddow said,Kennedy is conservative on almost everything but gay rights.

  10. Neal says

    I personally seriously doubt one of his children is gay or lesbian. From past experiment, republicans who have gay son or lesbian daughter are way more socially liberal but fiscally conservative, like Rob Portman. I can only say that Republicans are the most selfish humans I have ever seen.

  11. Anthony says

    Kennedy’s mentor was a gay man. Were it not for him, Kennedy would have never been on the Supreme Court. And Kennedy saw from his mentor how the closet destroyed so many people’s lives.

  12. MateoM says

    It’s hard to be too admiring of Kennedy just because he slips GLBT equality in the backdoor, while tossing voter protections out the front window. Allowing Republicans to use voter intimidation and racially-motivated curbs on voting, voter registration, electoral district creation is just another way of eroding the rights of ALL minorities.

  13. MateoM says

    The MateoM above is not me, but I actually agree with what he said. But it isn’t me, so I take umbrage with the fact that he’s using my handle to post comments. And when I say “he,” I do so knowing EXACTLY who is doing this.

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