[UPDATE: California will start issuing new marriage licenses to same-sex couples as soon as the legal paperwork to lift the injunction is completed.]
In the other same-sex marriage case Perry v. Hollingsworth, again by a 5-4 vote, the US Supreme Court ruled today that the plaintiffs did not have standing to appeal the lower court decision and so the District Court ruling that Proposition 8 was unconstitutional stands and so same-sex couples can get married in California. But it will not have wider application. The opinion can be read here.
The main point was that only the state has the right to defend a law that is challenged in federal courts. Private parties do not have the right to defend a law and the state cannot grant them that right, which is what the California Appeals court done.
The line up was interesting. The majority consisted of Chief Justice Roberts who wrote the opinion and he was joined by Scalia, Ginsburg, Breyer, and Kagan, with dissents by Kennedy Thomas, Alito, and Sotomayor.
The opinion and the dissents will likely be technical in nature.
It is okay news and it could have been worse.