The decision on whether or not the sponsors of Proposition 8 have a legal right to defend their 2008 ballot has been delayed by California’s Supreme Court.
Proposition 8, sponsored by ProtectMarriage.com, sought to ban same-sex marriage in the state of California. The move was ruled to be unconstitutional by the US federal court.
California’s highest court voted unanimously, yesterday, in favour of deciding whether or not ProtectMarriage can legally defend their ballot against the federal court’s ruling.
This ruling by the high court will delay the ultimate decision by the 9th US Circuit Court of Appeals, which is considering the validity of Proposition 8.
Constitutional law expert, Vikram Amar, said that ProtectMarriage’s chances of winning their case in the federal court would be significantly higher if California’s Supreme Court decided that the group’s defense of Prop 8 had a standing under state law.
“It’s possible that the California Supreme Court could give feedback that makes it a much stronger case that federal standing exists”, said Amar, “In the opposite direction, if the California Supreme Court said sponsors don’t occupy any special role under state law, that would all but doom sponsor standing in federal court”.