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Ms. Toad

(38,426 posts)

15. the clerk wouldn't have standing.

Reply to dsc (Reply #10)

Sun Jun 30, 2013, 01:39 AM

Jun 2013

Possibly a clerk could challenge whether s/he was required to violate his/her religious beliefs by issuing a license - but that would be an entirely different issue, not one of whether the ballot initiative was constitutional.

In a matter of whether a law, or other results of a statewide ballot initiative, is constitutional the parties are a person injured by the law (the couples) and the state itself. An agent of the state doesn't have a cognizable interest independent of the state's interest in the constitutionality of the law.

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Prop 8 supporters have filed an emergency stay with SCOTUS. [View all] Gravitycollapse Jun 2013 OP

Control freak scumbags can never, ever yield or compromise on an issue. No interest in democracy. villager Jun 2013 #1

Wow, screw them. n/t Fire Walk With Me Jun 2013 #2

If someone DID screw them, they might lighten up a bit. n/t. Ken Burch Jun 2013 #13

''... the 9th Circuit has independent authority over its own orders ..." Tx4obama Jun 2013 #3

And I invite those supporters to take a long walk off a short pier. nt stevenleser Jun 2013 #4

Did they find standing yet? Bolo Boffin Jun 2013 #5

the only thing that worries me at all about this dsc Jun 2013 #6

It's a public position. They cannot refuse on the grounds of religious beliefs. Gravitycollapse Jun 2013 #7

remember scotus didn't rule dsc Jun 2013 #10

The rulings have power over anywhere Proposition 8 applies. Gravitycollapse Jun 2013 #11

the entire state is in the 9th circuit dsc Jun 2013 #12

I guess it depends on who wants to file in another district. But Res Judicata may apply. Gravitycollapse Jun 2013 #14

the clerk wouldn't have standing. Ms. Toad Jun 2013 #15

The 9th did the right thing in not waiting, even if that is a common practice petronius Jun 2013 #8

Well, before long its supporters will. Arugula Latte Jun 2013 #9