This morning some developing news from California on Proposition 8 ...
On January 4, the 9th U.S. Circuit Court of Appeals punted the appeal of the landmark Prop 8 ruling to the California Supreme Court. You'll recall the federal court "certified" a request to the California Supreme Court on the question of "standing"—asking if the supporters of the voter-approved marriage ban can defend the measure in court when state officials refuse to do so.
The California Supreme Court will consider this key question today, reports the L.A. Times.
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.
Former Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to appeal Chief U.S. Judge Vaughn Walker's August 2010 decision striking down the ban as unconstitutional. Newly inaugurated Governor Jerry Brown and Attorney General Kamala Harris also refuse to defend the ballot measure.