California Supreme Court Agrees To Determine If Sponsors Of Proposition 8 Hold Special Authorities To Defend Anti-Same Sex Marriage Initiative In Court; Decision Delays Ruling For At Least One Year

Wednesday, the California Supreme Court decided it would determine if sponsors of Proposition 8 hold special authority to defend the anti-same sex marriage initiative in court, reports the Los Angeles Times. The state high court, meeting in closed session, agreed to a request made by the United States Ninth Circuit Court of Appeal to determine the status California law affords initiative sponsors. The court was unanimous in accepting the case. The court ordered an expedited briefing schedule to allow for a hearing “as early as September.” The court must rule on a case ninety days after oral arguments are presented. Initial briefs are due mid-March. A panel of the Ninth Circuit indicated it would have to dismiss an appeal by proponents of Proposition 8 on procedural grounds unless the California court determines that the initiative's sponsors have legal standing. A procedural ruling would not affect gay marriage outside of California. ProtectMarriage, the group that sponsored the 2008 anti-gay-marriage initiative, appealed a federal judge’s ruling in August that found the measure unconstitutional. State officials, including Attorney General Brown, who under law clearly have the right to appeal such orders, refused to do so. The state high court already has ruled twice on same-sex marriage. In a May 2008 ruling, the court voted 4-3 to end California’s ban on same sex unions. Voters reinstated the ban six months later. The state court rejected a challenge of Proposition 8 the following year, ruling 6-1 that it was not an illegal revision of the state Constitution. Both conservative and liberal groups are expected to urge the California court to rule that backers of ballot measures have authority, or “standing,” to defend them. That ruling would allow for a Ninth Circuit decision on Proposition 8’s constitutionality, which likely would go all the way to the U.S. Supreme Court.