United States Ninth Circuit Court Of Appeals Asks California Supreme Court To Answer Question Of Standing In Proposition 8 Case

Tuesday, according to a report by Reuters, an order released by the Ninth United States Circuit Court of Appeals asked the Supreme Court of California for legal guidance before rendering a decision, thereby delaying a final ruling in the case that seeks to determine the constitutional validity of the California gay marriage ban. California voters banned same sex marriage in 2008 approving a constitutional amendment via Proposition 8, however late last year, Justice Vaughn Walker ruled the measure unconstitutional. The ruling is on hold, while supporters of the gay marriage ban appeal, however, then attorney general and now Governor Jerry Brown, as well as then Governor Arnold Schwarzenegger refused to sign on to the appeal. Tuesday, the 9th Circuit Court of Appeals asked the state Supreme Court whether the initiative supporters have the authority to defend a ballot measure when public officials refuse to do the same. The 9th Circuit saying it was not clear whether the government may “effectively veto” Proposition 8 by in principle refusing to defend it, since it – the state – does not have the power to strike down Proposition 8 directly. Andrew Pugno, the lead attorney for the proponents of Proposition 8, ProtectMarriage.com, said that the organisation was “gratified” by the 9th Circuit Court request “particularly when public officials abdicate their constitutional duties by refusing to enforce and defend the law.” Ted Olson, however, the attorney for the two couples challenging the constitutional validity of Proposition 8, said they would restate their argument that ProtectMarriage.com does not possess the legal right to pursue an appeal, saying “We see no good side whatsoever for requiring citizens in California essentially to drink out of different drinking fountains.”