Seven justices of the California Supreme Court voted on Monday to rehear a case that has sparked a legal fight with the nation’s second-highest court.
The court also gave the green light to a lawsuit filed by a man seeking to block a new state law barring same-sex marriage in California.
A five-judge panel of the state’s highest court unanimously approved a plan to rehearing a challenge to California’s same-night-wedding ban in a case brought by the American Civil Liberties Union of Southern California.
California’s ban has been upheld by the state Supreme Court, which is considering a lawsuit challenging the state ban.
The decision comes as the state is weighing whether to adopt a new statewide ban on same-day weddings.
The case was brought by an unmarried lesbian couple who had been married in California, where the ban has long been in place.
The state has since repealed its ban.
California has said that it’s legal to ban same-gender couples from marrying if they have not been married for at least five years.
The law also bars same- sex couples from using a public restroom that does not match their gender identity, and they must use separate restrooms for women and men.
In a dissent, Chief Justice Tani Cantil-Sakauye said the ban was “inconsistent with the state Constitution’s prohibition on denying equal protection to any person on the basis of sex.”
The California Supreme Courts in 2016 and 2017 upheld a similar law, and a similar ruling was granted in February 2018 by the California state supreme court.
The California state court also declined to hear a case involving a transgender woman who was barred from using women’s restrooms at a California high school.
The Supreme Court is considering whether to take up the same-year marriage case in 2019.