UPDATED: Today the California Supreme Court unanimously agreed to cosider the standing issue certified to it from the 9th Circuit and oral arguments will take place sometime before September. Here are new highlights from the Los Angeles Times:
*
The California Supreme Court decided Wednesday to determine whether the sponsors of Proposition 8 have special authority to defend the anti-gay marriage initiative in court. The state high court, meeting in closed session, agreed to a request by the U.S. 9th Circuit Court of Appeals to determine the status California law gives initiative sponsors.
*
The court was unanimous in deciding to accept the case. The court's order set an expedited briefing schedule to permit a hearing by "as early as September." The court must rule on a case 90 days after oral argument.
*
Both conservative and liberal groups are expected to urge the California court to rule that backers of ballot measures have authority, or “standing,” to defend them. Such a ruling would pave the way for a 9th Circuit decision on Proposition 8’s constitutionality, which likely would go all the way to the U.S. Supreme Court and have national impact.
*
The U.S. 9th Circuit Court of Appeals certified a question to the California Supreme Court to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure under California law. Under previous federal court rulings, the precedent would seem to be that the answer to the question is a firm no. Thus, unless the California Supreme Court finds a state law basis for standing, the 9th Circuit may well turn down the appeal by the private interest supporters of Proposition 8. Obviously, this blog hopes that the California Supreme court likewise finds a lack of standing. The Los Angeles Times has a story that indicates that the California Supreme Court is about to take up the question on this issue. Here are highlights:
*
The California Supreme Court will decide Wednesday whether to plunge back into the legal battle over same-sex marriage.
*
Depending on the court’s ruling, the 9th Circuit could either dismiss the Proposition 8 appeal on procedural grounds -- limiting the case’s effect to California -- or rule on federal constitutional questions that would affect same-sex marriage throughout the country.
*
California state officials refused to appeal the ruling. Now the 9th Circuit must determine whether Proposition 8’s sponsors, ProtectMarriage.com, have legal standing to challenge the trial court's decision.
*
I'll write more on this issue as facts develop.
*
The California Supreme Court decided Wednesday to determine whether the sponsors of Proposition 8 have special authority to defend the anti-gay marriage initiative in court. The state high court, meeting in closed session, agreed to a request by the U.S. 9th Circuit Court of Appeals to determine the status California law gives initiative sponsors.
*
The court was unanimous in deciding to accept the case. The court's order set an expedited briefing schedule to permit a hearing by "as early as September." The court must rule on a case 90 days after oral argument.
*
Both conservative and liberal groups are expected to urge the California court to rule that backers of ballot measures have authority, or “standing,” to defend them. Such a ruling would pave the way for a 9th Circuit decision on Proposition 8’s constitutionality, which likely would go all the way to the U.S. Supreme Court and have national impact.
*
The U.S. 9th Circuit Court of Appeals certified a question to the California Supreme Court to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure under California law. Under previous federal court rulings, the precedent would seem to be that the answer to the question is a firm no. Thus, unless the California Supreme Court finds a state law basis for standing, the 9th Circuit may well turn down the appeal by the private interest supporters of Proposition 8. Obviously, this blog hopes that the California Supreme court likewise finds a lack of standing. The Los Angeles Times has a story that indicates that the California Supreme Court is about to take up the question on this issue. Here are highlights:*
The California Supreme Court will decide Wednesday whether to plunge back into the legal battle over same-sex marriage.
*
Depending on the court’s ruling, the 9th Circuit could either dismiss the Proposition 8 appeal on procedural grounds -- limiting the case’s effect to California -- or rule on federal constitutional questions that would affect same-sex marriage throughout the country.
*
California state officials refused to appeal the ruling. Now the 9th Circuit must determine whether Proposition 8’s sponsors, ProtectMarriage.com, have legal standing to challenge the trial court's decision.
*
I'll write more on this issue as facts develop.
1 comment:
I think our state supreme court will rule that there is not standing, which will both end the case (with Prop. 8 overturned and same-sex marriages being available again) and limit the effect/precedent beyond California.
A new initiative could go on a future ballot, but neither the current California governor nor attorney general would defend a ban if it passed again (which it might well not).
Post a Comment