Wednesday, February 16, 2011

CA Supreme Court to hear arguments on Prop 8 repeal

The CA State Supreme Court has decided to hear arguments about whether anti-gay proponents have "standing" to oppose the repeal of Prop 8 in California. March 14th is when the court will accept briefs on the issue.

From Lambda Legal: "Because the federal appeals judges said they need clarification, we look forward to a decision by the California Supreme Court confirming that initiative proponents lack legal standing to continue the Perry case. 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."

Initiative proponents also cannot step into the shoes of the attorney general, the governor or other state officials. The reason for this is basic: the governor and attorney general are elected by the people to represent all the people, not just one point of view on one issue, out of countless, competing concerns. Most importantly, state officials swear an oath to uphold the federal and state constitutions, including their abiding promises of equal protection and due process for everyone. Initiative proponents take no such oath, and have no such duties.

Should the CA Supreme Court decide the anti-gay forces have no standing to appeal, the issue dies, the repeal of Prop 8 stands and marriage equality is reinstated in CA. If the court decided the anti-gay forces do have standing, then the issue goes back to the Federal Appeals court to decide the issue. This could mean the whole magilla may end up in US Supreme Court.

Stay tuned kids...

No comments:

Post a Comment

Site Meter