The California Supreme Court yesterday dismissed
a right-wing group's suit that would have compelled the state to appeal Judge Vaughn Walker's ruling that Proposition 8 is unconstitutional. Both Gov. Arnold Schwarzenegger and Attorney General Jerry Brown have come down in favor of Walker's ruling and have refused to appeal it -- and now they won't have to.
This puts the issue of legal standing first and foremost in anticipation of the 9th Circuit Court of Appeals' December hearing of the case
In both his ruling
and a subsequent order staying his ruling
, Walker wrote that he doubted the proponents of Prop. 8, Protect Marriage, had standing to appeal the Perry vs. Schwarzenegger case.
"Standing requires showing of a concrete and particularized injury that
is actual or imminent," reads Walker's Aug. 12 order. "As official proponents
under California law, proponents organized the successful campaign for
Proposition 8. Nevertheless, California does not grant proponents the
authority or responsibility to enforce Proposition 8."
It warrants mentioning that this "defeat" for right-wing opponents of same-sex marriage may end up being a victory in disguise. If the standing issue results in this case being thrown out and gay marriages commence in California, that's one thing. But if the case is appealed to the federal Supreme Court -- and Justice Anthony Kennedy sides with same-sex marriage advocates -- then statutes banning gay marriage in 31 states would be done away with
Follow us on Twitter at @TheSnitchSF and @SFWeekly