The high court Friday night, without explanation, rejected the Florida attorney general's request to intervene. A U.S. District judge in Florida had ruled in August the state's ban was unconstitutional but stayed the ruling to allow for appeals.
The case hasn't been completely settled.
Neither the 11th Circuit U.S. Court of Appeals nor the Supreme Court have ruled on the merits, and Florida Attorney General Pam Bondi, who has defended the ban, has expressed "confusion" over whether all 67 counties will issue marriage licenses to same-sex couples before appeals are settled.
But the American Civil Liberties Union of Florida said it expects the state to fully recognize same-sex marriages when U.S. District Judge Robert Hinkle's stay expires at the end of January 5.