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Prop 8 Supreme Court ruling 'puzzling'

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June 26, 2013

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Jeffrey Toobin breaks down the Supreme Court's ruling on California's Prop 8 and what it means for same sex marriage.

Read the full article at CNN.com

Washington (CNN) -- The Supreme Court has dismissed an appeal over same-sex marriage on jurisdictional grounds, ruling Wednesday private parties do not have "standing" to defend California's voter-approved ballot measure barring gay and lesbian couples from state-sanctioned wedlock.

The ruling clears the way for same-sex marriages in California to resume.

The 5-4 decision avoids, for now, a sweeping conclusion on whether same-sex marriage is a constitutionally-protected "equal protection" right that would apply to all states.

At issue was whether the Constitution's guarantee of equal protection under the law prevents states from defining marriage, and whether a state can revoke same-sex marriage through referendum once it already has been recognized.

California voters approved the measure in 2008 with 52% of the vote shortly after the state Supreme Court ruled same-sex marriages are legal. The measure put gay and lesbian marriages on hold in the state, but a federal appeals court later rule Proposition 8 was unconstitutional.

"We have never before upheld the standing of a private party to defend a state statute when state officials have chosen not to," said Chief Justice John Roberts.

By dismissing the case, the decision will allow for the lower court decision in California that allows for same-sex marriage to be reinstated. The appeals court stay on the decision will be lifted.

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Prop 8 Supreme Court ruling 'puzzling' · CNN · Sentinel