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.
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.