On Thursday came word that their lawsuit was summarily rejected. by the 3rd District Court of Appeals:
The institute said it would file an immediate appeal to the state Supreme Court in hopes of getting a reversal by Sept. 11, the deadline for state action in the Prop. 8 case.
"When the people peacefully enact a constitutional provision and the attorney general refuses to give them meaningful review in the federal judiciary, then you have a veto by the executive branch," said the institute's lawyer, Kevin Snider. "That is a constitutional crisis, usurping the power of the people."The reason why this legal skirmish is important is that there is a very live question of who has "standing" (or legal authority) to appeal Judge Vaughn Walker's ruling declaring Proposition 8 violates the federal constitution. The 9th Circuit Court of Appeals will hear the appeal the week of December 6th.