A California appeals court has extended the ban on gay marriage until the end of this year.
After US District Judge Vaughn Walker ruled that the ban was unconstitutional, weddings were to begin today at 5pm.
However, opponents took the case to the 9th District Court of Appeals last night, successfully arguing that the ban should stay in place until they have appealed.
But the court also demanded that gay marriage opponents must argue why they have the legal standing to bring the case to court.
California governor Arnold Schwarzenegger and Attorney General Jerry Brown are the legal defendants in the case but both have refused to support it. Last week, they both called for Judge Walker to lift the ban immediately.
The main defenders of Proposition 8 were groups such as ProtectMarriage.com, which led the campaign to get the issue on the November 2008 ballot.
In their appeal, gay marriage opponents argued that the vast majority of countries around the world restrict marriage to heterosexual couples as it serves a "vital societal interest".
Equality California executive director Geoff Kors said in a statement: "We are extremely disappointed that loving same-sex couples will have to wait to marry, and that we are once again being denied our fundamental rights.
"However, we are optimistic for a favorable ruling, and we?re hopeful that same-sex couples will be able to marry as soon as possible."
Earlier this month, Judge Walker ruled that the ban was unconstitutional. Last Thursday, he ruled that ceremonies should begin again, giving opponents a week to appeal.
His ruling after a three-week trial in the spring, in which gay groups argued that allowing gay couples to marry would protect their children and give them more political power.
Around 18,000 gay couples married in 2008, before the ban came into power.
Further appeal proceedings against the lifting of the ban will take place on December 6th.
Experts expect the case will come before the Supreme Court in two years' time.
Arnold Schwarzenegger, the governor of California, has signed bills to introduce Harvey Milk Day in the state and to recognize gay marriages performed in other states.
The governor had 700 bills to sign or veto by midnight on Sunday. Gay rights activists feared he would veto all in a row over water supplies for the state.
Harvey Milk Day will be a special commemorative day to encourage schools to recognise the activist's work. Nearly 40,000 California residents signed the petition for the commemorative day. It will not be an official holiday, but will encourage schools to remember Milk's actions.
The other bill allows the state to recognise marriages performed in places where gay marriage is legal.
In a signing message, Schwarzenegger said the move will "provide the same legal protections that would otherwise be available to couples that enter into civil unions or domestic partnerships out-of-state.
"In short, this measure honours the will of the people in enacting Proposition 8 while providing important protections to those unions legally entered into in other states."
The bill is an "everything but marriage" measure – meaning that gay couples who married in other states will have all the rights and benefits given to straight married couples but will not have the "designation" of marriage.
Gay marriage was legal in California until the state's voters decided against it in November 2008. Gay rights activists are gearing up to get the issue on the November 2010 ballot.
Ellen DeGeneres and George Takei's 2008 same sex marriages will stand, despite a new ruling to uphold the ban on gay weddings in California.
The California Supreme Court has opted not to overturn the ban which came into effect late last year, six months after gay marriages were declared legal thanks to a May decision.
During the legal window on same sex marriages, DeGeneres wed girlfriend Portia De Rossi and Star Trek actor Takei exchanged vows with longtime partner Brad Altman.
At a ruling in court on Tuesday, officials declared those gay couples who wed between May and November last year will be considered married.
The people of California voted to overturn a ruling to allow gay marriage on November 4th.
Gay leaders in the state now plan to take their fight to federal court.
Responding to the latest development, DeGeneres, who wed De Rossi in August, says, "One day, when everyone is treated with full equality, we’ll look back and realize how wrong this was."
The California Supreme Court has upheld Proposition 8, the initiative which banned gay marriage in the state.
In the 6-1 decision, the judges rejected an argument from gay marriage supporters that the ban was unconstitutional but unanimously ruled that the 18,000 gay couples who married while gay marriage was legal will stay wed.
The only judge who wanted Prop 8 to be struck down was Justice Carlos R. Moreno, who was the court's sole Democrat.
Gay activists had said that the ban revised the California constitution's equal protection clause to the point of needing Legislative approval.
The ruling said: "In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it."
The crowd of gay marriage supporters who watched the hearing live on screens outside the San Francisco courthouse chanted "Shame on you" as the decision was announced.
Gay marriage was legalised in California in May 2008. However, Prop 8 defined marriage as being between a man and a woman last November. Supporters of gay marriage argued the initiative was unconstitutional and discriminatory.
The Supreme Court examined whether a voting majority can overrule minority rights previously recognised by the court, as it had previously declared that gays and lesbians have a constitutional right to marry.
Gay marriage advocates are expected to hold protests today against the ruling.
California allows gay couples to have civil partnerships but activists say these are not equal to marriage.
The California Supreme Court will announce its decision on whether Proposition 8, the initiative that banned gay marriage in the state, is constitutional today at 1:00 pm (ET).
Gay marriage was legalised in California in summer 2008. However, Prop 8 defined marriage as being between a man and a woman last November. Supporters of gay marriage say the initiative is unconsitutional and discriminatory.
The issue is over whether a voting majority can overrule minority rights previously recognised by the court, as it had previously declared that gays and lesbians have a constitutional right to marry.
Eighteen thousand couples rushed to tie the knot during the time gay marriages were legal in the state. The court must also decide whether to uphold those marriages.
Vigils and marches have been planned for this evening to either celebrate the ruling or protest against it.
Connecticut, Massachusetts, Vermont, Iowa and Maine now allow gay couples to marry.
Comedienne and talk show host Ellen DeGeneres made an appeal on The Tonight Show, showing her support for gay marriage.In November, Californian citizens will vote on Proposition 8 of the state constitution, which would define marriage as existing between one man and one woman only.If the proposition is rejected, gay marriage will remain legal in California.Following her wedding to actress Portia de Rossi earlier this year, Ms DeGeneres made a plea to other Californian's to vote no to the proposition.She said: "I got to do something this year I never thought I’d ever be able to do: I got married. It was the happiest day of my life.""There are people out there raising millions of dollars to try and take that right away from me.""You’ve seen their ads on TV. They’re twisting the truth, and they’re trying to scare you.""I believe in fairness. I believe in compassion. I believe in equality for all people. Proposition 8 does not.""Please, please, vote NO on Prop. 8."
Several celebrities have donated money to the campaign to reject Proposition 8.
Mayor of LA Antonio Villaraigoso, Steven Spielberg, Brad Pitt, Pete Wentz and TR Knight have all made contributions.(Article from Pink News)
A California appeals court has extended the ban on gay marriage until the end of this year.
