ALERT: CA Supreme Court to Review Request in Prop 8 Case Today

In early January the 9th Circuit court of Appeals "certified a question" to the California Supreme Court, asking for guidance on whether there is any state law that allows proponents of Prop 8. to defend their ballot measure in court when the state refuses, which they have.

Olson In late January, Ted Olson, the co-lead attorney for plaintiffs in the case, asked the Court to reject the request, arguing that the question of standing in federal court is a federal one, not one to be decided by the state, and also arguing that “well-established” law in California denies initiative sponsors the right to legally represent the state.

Today, the California Supreme Court will consider this key issue, the L.A. Times reports:

The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure.

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.



  1. freddie says

    California state judges have to render decisions within 90 days of a case being “submitted.” Usually that means when they had oral arguments. But in this instance it might actually be from the date the 9th circuit sent the paperwork over. Don’t really know the answer, but it’s safe to say that at worst it’ll be 90 days from today.

  2. me says

    that stinks, two weeks ago there were reports about it possibly being decided by last week.

    i wish the CA judge hadn’t stayed his ruling so that people could get married. no reason to have people wait while courts take another few years to do their job.

  3. badlydrawnbear says

    Agreed with ME … the staying of the right to marry is currently doing real legal harm to CA residents who are sick or have children and are not recongnized as legal partners.

    This travisty is compounded by the fact that there are hundred of legally married same sex couples.

    Consdering that it appears likely that the individuals appealing the CA State Supreme Court ruling don’t even have standing to appeal the snails pace of the court in making its decision is heart breaking.

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