California’s Supreme Court has just released their ruling on standing in the federal Prop 8 case, deciding that they will hear arguments on whether or not “Yes On 8” should have standing to appeal a federal court’s decision which found last year that Prop 8 did, indeed, violate the rights of California’s gay and lesbian citizens and that marriage as an institution should be available equally for same-sex couples as it is for opposite-sex couples. This ruling comes in response to a request from the federal Ninth Circuit Court of Appeals, which effectively “punted” the ruling on standing to the California Supreme Court.
You’ll remember that on August 4, 2010, federal court judge Vaughn Walker, in a lawsuit brought by the American Foundation for Equal Rights (AFER), determined Proposition 8, which declared, “only marriage between a man and a woman is valid or recognized in California,†was unconstitutional.
AFER announced via Twitter, “Calif. Supreme Court to hear #Prop8 case with expedited schedule. Oral arguments as soon as Sept 2011.”
In its short, 284 word decision released just minutes ago, the court said the federal court’s request for it to decide on standing “is granted,” and set firm dates for which it ‘does not contemplate any extension.” The court wants to hear oral arguments in September, and opening briefs are “to be served and filed on or before Monday, March 14, 2011.”
Lambda Legal issued a statement saying, “we look forward to a decision by the California Supreme Court confirming that initiative proponents [Protectmarriage.com] lack legal standing to continue the Perry case. Â They are not law enforcers, and have the same limited rights as everyone else to litigate only when their own rights are at stake, not merely to assert their opinions about others’ rights.”
Should the court find that Protectmarriage.com does have standing, it could be an opportunity for the case to find its way to the U.S. Supreme Court. If it does not, the August, 2010 ruling on Proposition 8 could stand firm, and affect only California directly.
Read: “BREAKING: Prop 8 Is Dead!“
Since California’s then-Governor, Arnold Schwarzenegger, and that state’s Secretary of State, both named as the defendants, refused to appeal the case, “Yes On 8,” also known as ProtectMarriage.com, the group which sponsored Prop 8, demanded to be awarded standing, allowing them to appeal Judge Vaughn Walker’s ruling.
For a primer on the case up to this ruling, listen to AFER attorney Ted Olson explain the Ninth Circuit Court of Appeals ruling last month.
The Prop 8 ruling was found unconstitutional based on the Constitution’s fourteenth amendment. Judge Walker wrote, “Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.â€
See: “Here’s What Today’s Prop 8 Decision Is About.”
Stay tuned for more news and analysis.