California Attorney General Kamala D. Harris has requested that same-sex marriage be permitted throughout the state until an appeals court reaches a verdict on the constitutionality of Proposition 8.
In 2008, California voters approved Proposition 8, which strictly defined marriage as being between a man and a woman.
Harris argues that Proposition 8 is unconstitutional and denies citizens equal rights. Therefore, according to Harris, same-sex marriage should be legal until the courts reach a ruling.
The U.S. 9th Circuit Court of Appeals is currently hearing the case, but has called on the California Supreme Court to rule on the legal rights of ballot initiators before the case can move forward.
California law mandates that the State is responsible for defending a ballot measure. However, Harris and California Gov. Jerry Brown have both publicly refused to defend Proposition 8 in court.
Proponents of Proposition 8, consequently, argue that ballot initiators should have the legal rights to defend a ballot measure in the absence of the State.
On Tuesday the California Supreme Court denied a request for an expedited trial. The California Supreme Court is not likely to reach a decision until September.