Their views were echoed by fellow same-sex marriage supporters , who rallied outside the court with the hope that the justices will eventually issue a broad ruling to strike down bans nationwide . The high court opts not to consider the merits of the appeal . Instead , it rules on whether those who brought the suit to the court were entitled to do so . California officials had refused to defend Proposition 8 after a lower court upheld it . Justice Kennedy , in dissent , said the court 's majority supported the initiative process .
The high court opts not to consider the merits of the appeal . Instead , it rules on whether those who brought the suit to the court were entitled to do so . California officials had refused to defend Proposition 8 after a lower court upheld it . Justice Kennedy , in dissent , said the court 's majority supported the initiative process .