Written by Equally Wed
Published: January 05, 2011
A three-judge panel of 9th U.S. Circuit Court of Appeals ruled Tuesday to seek the assistance of the Supreme Court of California in determining whether the proponents of Proposition 8 have legal standing to defend the measure, according to Reuters
, U.S. District Judge Vaughn Walker struck down California’s ban on gay marriage stating that it violated the constitution by denying plaintiffs a fundamental right. During the trial, supporters of Prop 8 were represented by attorneys for then-Gov. Arnold Schwarzenegger and then-Attorney General and current Gov. Jerry Brown. After Judge Walker overturned Proposition 8, both Schwarzenegger and Brown refused to appeal Walker’s ruling, stating that they believed Prop 8 was unconstitutional.
The question before the Supreme Court now is whether Prop 8 supporters, led by Protect Marriage
, have the authority to represent the voters who approved the ban.
According to Keen News Service
, if the California Supreme Court decides that the proponents of Prop 8 do not have legal standing to defend the measure, Judge Walker’s ruling will stand and same-sex marriage will become legal in California. Alternatively, if the state’s high court determines that Yes on 8 does have the necessary legal standing, the case will be returned to the Ninth Circuit for a final ruling.
Regardless of how California’s high court rules, the case is ultimately expected to be appealed to the U.S. Supreme Court.