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November 20, 2011

CA Supreme Court ruling granting standing to Prop 8 supporters

Here's the link to the California Supreme Court ruling giving standing to marriage equality opponents to appeal Judge Vaughn Walker's 2010 decision overturning the anti-gay Proposition 8. The ruling on standing concludes:

For these reasons, I agree that, when state officials refuse to defend a voter-approved initiative measure in court, or to appeal a judgment invalidating thatinitiative, its official proponents have authority, as a matter of state law, to assert the state‘s interest in the initiative‘s validity.

The American Foundation for Equal Rights is optimistic:

“We are pleased that the California Supreme Court has now responded to the Ninth Circuit’s request for advice regarding a question of California procedural law,” said Theodore B. Olson, lead co-counsel for the plaintiffs. “Important questions of federal law remain pending before the Ninth Circuit, including, most significantly, the constitutionality of Proposition 8. We now anticipate a prompt and thorough resolution of those questions by the federal appeals court, which, we expect, will affirm the trial court’s comprehensive and compelling decision that Proposition 8 violates the Due Process and Equal Protection Clauses. We hope that the long wait for justice by gay and lesbian Californians will soon be over.”


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