CA Supreme Court: Prop 8 Supporters Have Standing

Ken AshfordConstitution, Sex/Morality/Family ValuesLeave a Comment

It's been a while since Prop 8 has been in the news, but here it is:

The California Supreme Court on Thursday handed supporters of Proposition 8 the legal right to defend the state's ban on same-sex marriage, sending the case back to a federal appeals court to resolve the broader questions at the heart of the constitutional showdown.

In a unanimous ruling, the justices sided with Proposition 8 sponsors, who've argued they should be able to appeal a federal judge's decision last year striking down the same-sex marriage ban because the governor and attorney general have refused to defend the voter-approved law. The state Supreme Court overwhelmingly agreed that Proposition 8 backers can go it alone in trying to preserve the gay marriage ban.

The Supreme Court was emphatic that it would "undermine" the California ballot initiative process if the governor and attorney general can trump the voters by declining to defend such laws in the courts.

That's propbably right.

What does it mean?  That the 9th Circuit can go ahead and rule on the appeal from the California federal court striking down the ban on same-sex marriage.  Most, including myself, expect the 9th Circuit to affirm.  And after that?  It's up to the Supremes (if they decide to take it, that is)