Constitutional Law

Gay Marriage Won't Be Delayed, Split Calif. Supreme Court Decides

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Updated: Setting the stage for a potential confrontation among states about the marital rights of same-sex couples to start sooner rather than later, the California Supreme Court today refused to delay the implementation of an earlier landmark ruling finding that same-sex couples have a right to marry under the state constitution.

In a one-paragraph order, the supreme court decided 4-3 not to delay implementation of its May 15 decision until the November election, when voters in California and a number of other states will consider ballot measures restricting marriage to opposite-sex couples, according to the Los Angeles Times.

While the gay marriages, which are expected to begin June 17, will clearly be legal in California, at least for now, efforts have already begun elsewhere in the U.S. to prevent other states from recognizing them. (Under the principle of comity, states ordinarily recognize as legal marriages that are legal in other states.)

Additional coverage:

Mercury News: “California high court clears way for same-sex marriages to start June 17”

Reuters: “Gay marriage amendment on California November ballot”

Updated at 1:35 p.m. to add Mercury News coverage.

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