We all Deserve the Freedom To Marry

State justices seem to favor allowing proponents to defend Prop. 8

The California Supreme Court appeared inclined Tuesday to give sponsors of ballot initiatives the right to defend them in court, a key issue in the federal dispute over Proposition 8.
During an hour of arguments, several state high court justices suggested the initiative system would be rendered meaningless if there was no one to defend ballot measures from court challenges.
This would be a victory for proponents of Proposition 8, which bans same-sex marriage, because it allows them to appeal last year's ruling overturning the ballot measure.
California Gov. Jerry Brown and Atty. Gen. Kamala Harris have refused to challenge a federal district judge’s decision last year overturning Proposition 8.
A federal appeals court must now decide whether ProtectMarriage, the group that sponsored Proposition 8, has standing to appeal that order in federal court.
The U.S. 9th Circuit Court of Appeals asked the California court to rule on the status of initiative sponsors in state court.
The California court’s decision is likely to influence the 9th Circuit's decision on whether ProtectMarriage has standing in federal court.
If the appeals court finds ProtectMarriage lacks the right to appeal, the district court's order declaring Proposition 8 unconstitutional will remain in place, legal analysts said. But the dispute won't affect marriage rights beyond California.



-- Maura Dolan
Photo: An opponent of Proposition 8 demonstrates in San Francisco last year. Credit: Wally Skalij / Los Angeles Times  


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