CA Sup Ct Rumored To Release Prop 8 Response Next Week

The California Supreme Court will likely let us know next week if they will be deciding whether the Proposition 8 proponents have standing to defend the initiative in federal (or state) court when the government officials tasked with that responsibility (the Governor and Attorney General) decide not to.

From The Los Angeles Times (New chief justice says California Supreme Court will decide soon on entering Proposition 8 fray):

Chief Justice Tani Cantil-Sakauye said Wednesday that the California Supreme Court may decide "as soon as next week" whether to weigh in on the federal Proposition 8 appeal and expressed hope that a Southern California Latino would be chosen to succeed departing Justice Carlos R. Moreno.


[...]


The U.S. 9th Circuit Court of Appeals has asked the California high court to determine whether state law gives sponsors of initiatives the authority to defend them legally when state officials refuse to do so.

The state court has been highly deferential to initiatives in the past. If the court rules that initiative backers have special status under state law, the 9th Circuit would be more likely to rule on the constitutionally of Proposition 8.

Lawyers and law professors who have followed the case suspect that the 9th Circuit was prepared to dismiss the appeal by backers of Proposition 8 on the grounds that only state officials can challenge the trial court's ruling against the measure. Gay rights lawyers say such a ruling would mean Proposition 8's demise, but it would have no direct effect on same-sex marriage outside California.

Keep your fingers crossed! Actually either way the California Supremes is a win-win for us. If they rule that proponents do not have standing, and the 9th Circuit panel rules in our favor we'll regainmarriage in california relatively quickly but it will not affect the rest of the country. If they rule the proponents DO have standing then a more substantive appellate circuit ruling on why Prop 8 is unconstitutional will be forthcoming and it is unlikely the Supreme Court of the Unite States 9and the Pres8dent) will be able to punt on opining on Prop 8's legality.