CA Sup Ct Expected To Decide Prop 8 Question Today

On February 3rd I blogged that the Chief Justice of California had given hints that a ruling from the California Supreme Court was imminent on whether it would rule on the question of whether Proposition 8 proponents have standing under California law to defend their initiative before the 9th U.S. Circuit Court of Appeals.

Well, today comes word that the much awaited decision should be announced as early as today:

The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure.

Depending on the court’s ruling, the 9th Circuit could either dismiss the Proposition 8 appeal on procedural grounds -- limiting the case’s effect to California -- or rule on federal constitutional questions that would affect same-sex marriage throughout the country.

A federal judge in San Francisco struck down Proposition 8 in August, ruling after a 12-day trial that the 2008 ballot measure violated equal protection guarantees under the U.S. Constitution. Experts testified during the trial that one’s sexual orientation was largely fixed and that matrimony benefits the families of gays and lesbians.

California state officials refused to appeal the ruling. Now the 9th Circuit must determine whether Proposition 8’s sponsors, ProtectMarriage.com, have legal standing to challenge the trial court's decision.

Hat/tip to Karen Ocamb's LGBTPOV.