In a 5-4 decision that crossed ideological lines, the Supreme Court on Wednesday declined to rule on the merits of Proposition 8-California's voter-approved ban on same-sex marriage.
Chief Justice John Roberts wrote for the court's majority that that the private proponents of Prop. 8 did not have standing to defend the measure in federal courts. The decision vacates the appeals court ruling holding the measure unconstitutional, but appears to leave intact a district judge's ruling that also found the measure unconstitutional.
Conservative Justice Antonin Scalia joined with Roberts, as did liberal Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan. Justice Anthony Kennedy dissented with conservative Justices Clarence Thomas and Samuel Alito, as well as liberal Justice Sonia Sotomayor.
The ruling is likely to result in same-sex marriages going forward in California, but additional litigation is expected about the scope and validity of the district court's ruling.
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