The 9th U.S. Circuit Court of Appeals has punted the appeal of the landmark ruling on Prop 8 to the California Supreme Court.
The three-judge panel has asked the California Supreme Court to rule on the question of "standing"—can the supporters of voter-approved marriage ban defend the measure in court when state officials refuse to do so. The question is key to the future of Proposition 8. You'll recall former Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to appeal Chief U.S. Judge Vaughn Walker's decision striking down the ban as unconstitutional. Newly inaugurated Governor Jerry Brown and Attorney General Kamala Harris also refuse to defend the ballot measure.
In a separate order, the court ruled that conservative Imperial County—which overwhelmingly voted for Proposition 8—lacked standing to appeal the decision.
Posting the certs ASAP ...
I'm thinking that was probably a KEY reason Karl Rove was pushing to get Steve Cooley (the Republican candidate for Attorney General in California) elected. That, in addition to having at least one Republican win in a state that resisted the national right-wing surge :).
Posted by: J in L.A. | 05 January 2011 at 06:28