Next Stage in Prop. 8 Case Set for Sept. 6

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http://www.care2.com/causes/next-stage-in-prop-8-case-set-for-sept-6.html

The next stage in California’s Proposition 8 court case is set for September 6 when the Supreme Court of California will hear arguments on whether Prop. 8 supporters have legal standing under state law to appeal the overturning of California’s gay marriage ban.

Following federal Judge Vaughn Walker’s August 2010 ruling that California’s 2008 voter enacted ban on same-sex marriage is unconstitutional, proponents quickly filed an appeal with the 9th Circuit. However, Vaughn Walker’s original ruling raised serious doubts as to whether Prop. 8 supporters, due to the particulars of how they came to defend the same-sex marriage ban, have the right to appeal.

Prop. 8 defenders, a coalition of so-called traditional marriage groups headed by Protect Marriage, were allowed to intervene in the original Proposition 8 trial when California’s then-attorney general and then-governor refused to defend the voter enacted gay marriage ban in court. This courtesy, however, did not grant Protect Marriage the automatic right to appeal.

The 9th Circuit agreed to take on this case on the provision that Prop. 8 supporters prove they have legal standing. However, in a move that seemed to indicate the 9th Circuit was in doubt as to whether Proposition 8 supporters have standing under federal law, the 9th Circuit in February punted the issue back to the California Supreme Court, asking the court to determine if there is any state law that would grant Prop. 8 supporters a right to appeal.



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