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Thursday, September 9, 2010

Supreme Court Rules State Not Required to Appeal Prop. 8 Decision

Posted By on Thu, Sep 9, 2010 at 8:30 AM

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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.

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About The Author

Joe Eskenazi

Joe Eskenazi

Joe Eskenazi was born in San Francisco, raised in the Bay Area, and attended U.C. Berkeley. He never left. "Your humble narrator" was a staff writer and columnist for SF Weekly from 2007 to 2015. He resides in the Excelsior with his wife, 4.3 miles from his birthplace and 5,474 from hers.


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