On June 26, 2013, the Supreme Court issued its decision in Hollingsworth v. Perry. That case had challenged the constitutionality of California Prop. 8, which barred same-sex couples from getting married. On August 4, 2010, Judge Vaughn Walker, of the U.S. District Court for the Northern District of California, issued an opinion striking down Prop. 8. The opinion was stayed pending appeal to the 9th Circuit. The 9th Circuit eventually affirmed, but kept the stay in place during further review (on certiorari) in the Supreme Court. In its June 26 opinion, the Supreme Court held that the 9th Circuit lacked jurisdiction and therefore vacated the appellate decision--but left the district court decision in place. For more details about Hollingsworth v. Perry, refer to this Clearinghouse page. On June 28, 2013, Ninth Circuit dissolved its stay of the district court's order, allowing same-sex marriages to proceed in California.

Two legal challenges to the implementation of the ruling followed, both dismissed by the courts:

First, the day after the Ninth Circuit dissolved its stay, proponents of Proposition 8 filed an emergency application asking the Supreme Court to enforce the usual 25 day period in which the losing party may make a petition for rehearing; Circuit Justice Kennedy, overseeing the Ninth Circuit, denied the request on June 30, 2013.

Next came this proceeding, in which Proposition 8 supporters sought a discretionary Writ of Mandate before the Supreme Court of California on July 19, 2013. They asked the court to stay, and then override, the statewide application of Judge Walker's district court ruling in Hollingsworth. They argued that the federal case was not a class-action lawsuit and therefore the federal judgment applied only to the counties and specific individuals named in the suit. The plaintiffs were Dennis Hollingsworth and others. Hollingsworth, the San Diego County Clerk, was also the defendant in Hollingsworth v. Perry.

The plaintiffs had very little support by others in California. Governor Jerry Brown ordered state officials to change the marriage license requirements, and he was supported in that by California Attorney General Kamala Harris and twenty-four County Clerks. On July 23, the California Supreme Court unanimously declined the request for immediate action and requested arguments from the parties; on August 14, in a one-sentence unanimous order without dissent, unanimously refused to take up the petition.

On July 23, 2013, the Court denied the petitioner's motion for an immediate temporary stay. On August 5, 2013, the petitioner filed a motion to dismiss his own case. This request was granted by the Court, and the case was closed on August 14, 2013.