California Supreme Court To Release Ruling Thursday On Whether Proponents Of Proposition 8 Can Defend Same Sex Marriage Ban In Court

The California Supreme Court will decide Thursday whether to allow supporters of Proposition 8 to defend California's ban on same sex marriage, according to The San Jose Mercury News. Based on the tenor of the justices' questions during arguments in September, it appeared likely the Supreme Court would permit Proposition 8's legal team to defend the voter-approved law, which would push the ongoing legal battle in a federal appeals court. The Supreme Court is addressing the narrow question of whether Proposition 8 sponsors can defend a state ballot measure in the courts when the governor and attorney general refuse to do so. The 9th U.S. Circuit Court of Appeals asked the state's high court to rule on that issue before addressing the central issues in the legal challenge to the same-sex marriage ban. Until that issue is resolved, the 9th Circuit put off ruling on an appeal of former Chief U.S. District Judge Vaughn Walker's August 2010 decision declaring Proposition 8 unconstitutional because it violates the equal rights of gay and lesbian couples.