August 14, 2013 | by Chris Johnson
California Supreme Court rejects attempt to revive Prop 8
Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade

The California Supreme Court has denied the final attempt to revive Prop 8, the end of which was celebrated here by plaintiffs (Washington Blade file photo by Michael Key).

The California Supreme Court announced on Wednesday that it has rejected an attempt from anti-gay groups to revive Proposition 8, ending the final legal attempt to reinstate the state’s constitutional ban on same-sex marriage.

In a one-page order from Chief Justice Tani Gorre Cantil-Sakauye, the court announced it has rejected the pleas to reinstate Prop 8 from proponents of the measure, saying “the petition for a writ of mandate is denied.”

After the U.S. Supreme Court ruled anti-gay groups don’t have standing to defend Prop 8 in court in June, California officials began allowing same-sex couples to wed in the state on the basis of an earlier injunction put in place by now retired U.S. District Court Judge Vaughn Walker.

But anti-gay groups, led by the Alliance Defending Freedom, took to state court and filed a petition with the California Supreme Court saying officials were acting unlawfully because only an appellate court decision could overturn Prop 8 for the entire state. It rejected this claim by denying their petition on Wednesday.

San Diego County Clerk Ernest Dronenburg filed his own petition on behalf of himself and other county clerks against the reinstatement of marriage equality in California, saying he was harmed by having to distribute marriage licenses to same-sex couples. Amid controversy, Dronenburg withdrew his petition earlier this month.

Also on Wednesday, the court allowed Dronenburg’s petition to be withdrawn in a decision stating, “The request for dismissal of the petition for a writ of mandate is granted.”

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said the court decision means same-sex marriage will likely stay in California for some time.

“It was issued without any opinion, so we can’t say for certain what the court’s reasoning was,” Cole-Schwartz said. “But it is fair to say that this attempt to revive Prop 8 is dead and it is not likely that either another court or another plaintiff would get to a different result.”

Chris Johnson is Chief Political & White House Reporter for the Washington Blade. Johnson attends the daily White House press briefings and is a member of the White House Correspondents' Association. Follow Chris

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