State justices to rule on Prop. 8 backers' legal standing

[William769]

The California Supreme Court has announced it will issue a written opinion Thursday on whether conservatives who sponsored Proposition 8 are entitled to defend the measure that overturned the 2008 same-sex marriage ban.

The court's ruling, which will be made public at 10 a.m., will determine whether all initiative sponsors in California are legally entitled to defend their measures in state court when the governor and the attorney general refuse.

If the court rules against the initiative backers, then a federal appeals court is more likely to rule that ProtectMarriage.com, the sponsor of Proposition 8, also lacks standing under federal law.

Gay rights groups want the state high court to deny standing to the initiative's sponsors. That could avoid a constitutional showdown on Proposition 8 that gays might lose before the U.S. Supreme Court.


http://latimesblogs.latimes.com/lanow/2011/11/state-justices-to-rule-on-prop-8-backers-legal-standing-.html

[RKP5637]

1. Equality in this country is always one damn battle after another for all

kinds of people. We profess to be a nation of equality and freedom, that is, until you exercise it ... much like protesting, then they try to beat you down.

[joeybee12]

2. My bet...they'er going to rule they do have legal standing...

The California SCOTUS is a disgrace after their tortured ruling upholding Prop 8.

[William769]

3. I hope your wrong.

So much is weighing on this decision.

[ShadowLiberal]

4. Weren't we originally hoping to take this to the SCOTUS?

I know that a lot of us here are hoping that they're found to lack standing and gay marriage wins in California, but remember back when we all wanted to take this to the SCOTUS to get a federally binding victory rather than a state one? Heck, I recall articles from a few years ago of conservatives wanting the group defending Prop 8 to drop their case, or at least not push it into federal courts, from fear that a loss in the SCOTUS would mean gay marriage is legalized in all states.

I know it's certainly not a certainty that we'd win the SCOTUS, but I doubt if we lost they'd do anything more than uphold Prop 8, which would still leave us free to win more state by state gay marriage victories, including in California.

[William769]

5. I do want it to go to SCOTUS

But going with a loss on this decision would give them cover, a win would make it almost impossible.