Supreme Court ruling on gay marriage might not end battle

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San Francisco City Hall is lit up in rainbow colors the night before the city’s gay pride parade. (Wally Skalij / Los Angeles Times)

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Jessica Hand, center, celebrates with her wife Jenna Melili during a marriage ceremony at City Hall in San Francisco on Saturday. Hand bought the wedding dress for $50 at a thrift store. (Wally Skalij / Los Angeles Times)

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Jessica Hand, in the wedding dress, and her wife, Jenna Melili, enjoy a cruise in San Francisco Bay on Saturday after getting married earlier in the day. (Wally Skalij / Los Angeles Times)

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Army Sgt. Michael Potoczniak and Todd Saunders, left; and Cynthia Wides, in the veil, and Elizabeth Carey wait to get married at City Hall in San Francisco on Saturday (Wally Skalij / Los Angeles Times)

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Dave Martinez, in blue, hugs his new husband Kenny during a marriage ceremony at San Francisco’s City Hall on Saturday (Wally Skalij / Los Angeles Times)

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Army Sgt. Michael Potoczniak and Todd Saunders have a witness sign their marriage license at City Hall in San Francisco Saturday. (Wally Skalij / Los Angeles Times)

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Elizabeth Carey, left, and Cyntia Wides embrace as Army Sgt. Michael Potoczniak and his partner Todd Saunders wait patiently in line to get married at City Hall in San Francisco on Saturday. (Wally Skalij / Los Angeles Times)

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Cynthia Wides, left, and and Elizabeth Carey of Oakland walk out of City Hall a married couple Saturday in San Francisco. (Wally Skalij / Los Angeles Times)

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Army Sgt. Michael Potoczniak and his partner Todd Saunders exchange rings during a marriage ceremony at City Hall in San Francisco Saturday. (Wally Skalij / Los Angeles Times)

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Army Sgt. Michael Potoczniak kisses his partner Todd Saunders as they stand in line to get their marriage license at City Hall in San Francisco Saturday. (Wally Skalij / Los Angeles Times)

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Rachael Hadley left, and her new wife Kim celebrate with their children Sidney, left, and Phin at City Hall while getting married Saturday in San Francisco. (Wally Skalij / Los Angeles Times)

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A couple who have been together for 33 years sign documents to get married at City Hall in San Francisco Saturday (Wally Skalij / Los Angeles Times)

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Brandie Yelland, left, hugs friend Erika Lewis in support of her marriage outside City Hall in San Francisco Saturday. (Wally Skalij / Los Angeles Times)

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A couple show off their wedding rings after getting married at City Hall in San Francisco Saturday. (Wally Skalij / Los Angeles Times)

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A couple hug during a marriage ceremony at City Hall in San Francisco Saturday. (Wally Skalij / Los Angeles Times)

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Cal Joy, center, and Olga Yip join hands in marriage as their daughter, Sasha Yip, 6, observes in San Francisco City Hall on Saturday. “It’s almost indescribable how it feels for us to be able to do this when for so long we felt like it was an unreachable goal,” Joy said. (Susannah Kay / Los Angeles Times)

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Adrian Coleman, front, dances with Matt Ferrer on Saturday in the United Nations Plaza in downtown San Francisco, where gay rights supporters celebrated the resumption of same-sex weddings in California. (Susannah Kay / Los Angeles Times)

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Ashlee and Ky Meyer-Choi touch noses after getting married in San Francisco City Hall on Saturday. “We’ve overcome a lot of struggles to be together, so to see all the support and love is something we haven’t experienced,” Ky said. (Susannah Kay / Los Angeles Times)

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Barb and Heather Miller-Webb kiss on the steps outside City Hall after being married Saturday. (Susannah Kay / Los Angeles Times)

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George Lucas, left, and Tom Rothgiesser, both 79, who met in Johannesburg, South Africa, and have been dating for 50 years, got married in San Francisco on Saturday. (Susannah Kay / Los Angeles Times)

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Newlyweds Carey Myslewski, left, and Katy Yan walk out of City Hall on Saturday. (Wally Skalij / Los Angeles Times)

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Jeff Zarrillo, left, and Paul Katami are married by Mayor Antonio Villaraigosa at City Hall in downtown Los Angeles after the 9th Circuit Court lifted the stay on same-sex marriage in California. (Christina House / For the Times)

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Jeff Zarrillo, left, and Paul Katami speak to the media immediately after their wedding ceremony by Mayor Antonio Villaraigosa at City Hall in downtown Los Angeles. (Christina House / For the Times)

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Alan Tekerlek, left, and K.C. Bugg celebrate in the crowd as their friends Jeff Zarrillo and Paul Katami are married by Mayor Antonio Villaraigosa. (Christina House / For the Times)

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Supporters applaud as Sandy Stier, second from right, and Kris Perry prepare to get married at San Francisco City Hall by California Atty. Gen. Kamala Harris. Gov. Jerry Brown ordered all counties in the state to begin issuing licenses immediately after the 9th Circuit Court ruling. (Justin Sullivan / Getty Images)

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Sandy Stier, left, and Kris Perry kiss their son, Elliot Perry, after they were married at San Francisco City Hall. (Justin Sullivan / Getty Images)

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Joe Varnell, left, and Kevin Bourassa, who became Canadas first legally married gay couple in 2001, welcome the courts decision at a Toronto bar. (J.P. Moczulski / AP)

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Hundreds of gay rights supporters gathered in West Hollywood on Wednesday to celebrate the Supreme Court rulings on the Defense of Marriage Act and California’s Proposition 8. (Gina Ferazzi / Los Angeles Times)

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Carlos Jimenez, left, and Mike Dardenelle of the San Fernando Valley kiss during a gathering on San Vicente Boulevard celebrating the Supreme Court decision Wednesday affirming a lower court’s ruling that declared Proposition 8, which banned gay marriage in California, unconstitutional. Jimenez and Dardenelle, who met online, have been dating for 15 years and plan to get married as soon as possible. (Susannah Kay / Los Angeles Times)

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Rainbow flags and flags of equality are raised in West Hollywood. (Gina Ferazzi / Los Angeles Times)

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Vincent Cervantes, left, and his partner, Vince Pancucci, embrace during a rally in West Hollywood after the Supreme Court’s ruling against Proposition 8. (Wally Skalij / Los Angeles Times)

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Kirsty Hood, 24, left, kisses Nora Tavitian, 23, at the Equality California offices in West Hollywood as a crowd celebrated the U.S. Supreme Court’s long-awaited decision on Proposition 8, California’s ban on same-sex marriage, Wednesday morning. (Al Seib / Los Angeles Times)

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A crowd gathered at the Equality California offices in West Hollywood cheers the Supreme Court’s decision on Proposition 8. (Al Seib / Los Angeles Times)

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Brandon Benoit, center, hugs Martha Acevedo, left and Briana J. Castaneda during the celebration at the Equality California offices in West Hollywood. (Al Seib / Los Angeles Times)

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Partners Alicia Guajardo, left, and Isabella Restrepo of Sylmar join the celebration at the Equality California offices in West Hollywood. (Al Seib / Los Angeles Times)

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Gay marriage supporters prompt motorists to honk their horns as they pass Equality California offices in West Hollywood to join in the merriment after the Supreme Court handed down its ruling on Proposition 8. (Al Seib / Los Angeles Times)

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Gay marriage supporters celebrate outside the Equality California offices in West Hollywood after Wednesday’s ruling by the U.S. Supreme Court that the sponsors of California’s controversial Proposition 8 did not have the legal standing to appeal a 2010 ruling against the measure. (Al Seib / Los Angeles Times)

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From right, David Cooley, Brandon Brown, Colby Melvin, Cory Leech and Wildran Quesada celebrate the Supreme Court decision to strike down a key part of the federal Defense of Marriage Act. (Irfan Khan / Los Angeles Times)

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Brandon Brown, 28, left, and Colby Melvin, 25, hug as as they celebrate the Supreme Court decision to strike down a key part of the federal Defense of Marriage Act. (Irfan Khan / Los Angeles Times)

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Brandon Brown, 28, left, gets a piece of cake from Colby Melvin, 25, as they celebrate the Supreme Court decision to strike down a key part of the federal Defense of Marriage Act. (Irfan Khan / Los Angeles Times)

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Robin Tyler tears up as she looks at her partner Diane Olsen during a press conference at attorney Gloria Allred’s office in Los Angeles, where they discussed the U.S. Supreme Court’s decision on same-sex marriage cases. They were the first in California in 2004 to announce that they would file a lawsuit challenging the ban on same-sex marriage in California. (Barbara Davidson / Los Angeles Times)

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The plaintiffs’ team in Hollingsworth vs. Perry, the California Proposition 8 case, celebrate on the steps of the Supreme Court after Wednesday’s ruling was handed down. From left are Jeff Zarrillo, his partner, Paul Katami, attorney David Boies, Sandy Stier and her partner, Kris Perry. (J. Scott Applewhite / Associated Press)

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Elana Kessler, left, is embraced by friend Hannah Greenberg as she speaks by phone with her mother on the steps of the Supreme Court after the court issued its rulings in two same-sex marriage cases. (Win McNamee / Getty Images)

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Gay rights activists react outside the U.S. Supreme Court building in Washington after the ruling on California’s Proposition 8. (Mladen Antonov / AFP/Getty Images)

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Plaintiffs Kristen Perry and Sandy Stier, left, and Jeffrey Zarrillo and Paul Katami arrive at the Supreme Court Wednesday morning to hear the high court’s ruling on California’s Proposition 8, which forbids on same-sex marriage. (Jim Lo Scalzo / EPA)

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Members of the public wait in line to enter the Supreme Court to hear their rulings on two same-sex marriage cases. (Jim Lo Scalzo / EPA)

By Kate Mather, Maura Dolan and Rong-Gong Lin II

June 26, 2013 10:45 AM PT

The U.S. Supreme Court’s decision on Proposition 8 brought immediate calls for gay marriage to resume in California.

In Los Angeles, the head of the L.A. Gay and Lesbian Center called Wednesday’s decision a “historic victory” in what she described as a “long and challenging struggle.”

“A grievous wrong has finally been righted,” Lorri L. Jean said in a statement. “Justice has prevailed and the freedom to marry for California’s same-sex couples has been restored.”

But some gay marriage foes said they will fight on.

“This is far from over, I can tell you,” said Chapman University law professor John Eastman, who supports the same-sex marriage ban.

Gov. Jerry Brown ordered all California counties to issue marriage licenses to same-sex couples once a lower court acts to implement Wednesday’s Supreme Court ruling, which will open the path for such weddings to resume.

“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California. In light of the decision, I have directed the California Department of Public Health to advise the state’s counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the 9th Circuit confirms the stay is lifted,” Brown said in a statement.

It could be weeks before weddings can resume across California. The Supreme Court’s decision will be finalized in 25 days. After that, the 9th Circuit Court of Appeals would lift its stay on U.S. District Judge Vaughn R. Walker’s 2010 ruling finding that Proposition 8 -- which banned gay marriage in California -- was unconstitutional, most experts said.

DOCUMENT: Read the attorney general analysis

The appellate court placed a stay on Walker’s 2010 ruling until the federal court fight over Proposition 8 was complete.

Brown said an earlier opinion by California Atty. Gen. Kamala D. Harris concluded the California Department of Public Health “can and should” instruct county officials that they “must resume issuing marriage licenses to and recording the marriages of same-sex” couples.

Dean Logan, the Los Angeles County clerk, said once the lower court acts, couples can begin the marriage process online and bring the confirmation page and $90. More information can be found at the county’s website.

DOCUMENT: Read the letter to counties

San Francisco officials said its county clerk’s office will offer marriage licenses on the first day the Supreme Court decision is effective.

U.S. Chief Justice John Roberts, speaking for the 5-4 majority, said the private sponsors of Proposition 8 did not have legal standing to appeal after the ballot measure was struck down by a federal judge in San Francisco.

“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to,” he said. “We decline to do so for the first time here.”

Justices Ruth Bader Ginsburg, Stephen Breyer, Antonin Scalia and Elena Kagan joined to form the majority.

The court’s action, while not a sweeping ruling, sends the case back to California, where state and federal judges and the state’s top officials have said same-sex marriage is a matter of equal rights.

Eastman said the supporters of Proposition 8 could challenge the scope of Walker’s order in federal district court or in state court under a provision of the California Constitution that prevents state officers from refusing to follow laws without an order from an appeals court.

But Santa Clara University law professor Gerald Uelmen, an expert on the state constitution, said the provision cited by Eastman does not apply to constitutional amendments such as Proposition 8.

“I think they would be laughed out of state court,” Uelmen said.

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Prop. 8: ‘This is far from over,’ says law prof who supported ban

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Twitter: @ronlin | Facebook | Google+

ron.lin@latimes.com