Issue:  Vol. 48 / No. 12 / 22 March 2018

CA court grants standing in Prop 8 case

California’s Supreme Court has granted backers of voter-approved initiatives the right to defend the ballot measures in federal court when state officials opt against doing so.
The issue, known as “standing” in legal parlance, is key in the legal fight over Proposition 8, the ban against same-sex marriage Golden State voters adopted in 2008. If the anti-gay groups behind the measure had not been allowed standing in the case, then a federal district judge’s ruling last summer that Prop 8 is unconstitutional would automatically been upheld.
California’s governor and attorney general, as well as their predecessors, have all refused to defend Prop 8 in federal court. Attorneys for the two same-sex couple plaintiffs had argued that only the elected state leaders could pursue an appeal of the lower court ruling, and therefore, since they opted not to then the case should come to an end.
The matter is currently before the 9th U.S. Circuit Court of Appeals. A three-judge panel for the appellate court will once again take up the case, known as Perry vs. Brown, December 8.

— Matthew S. Bajko, November 17, 2011 @ 11:10 am PST
Filed under: Uncategorized

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