Supreme Court Grants Standing to Prop 8 Supporters

[Revan]

The Bay Area Reporter Online | Online extra: CA court grants standing in Prop 8 case

The California Supreme Court Thursday, November 17 granted backers of voter-approved initiatives the right to defend the ballot measures in federal court when state officials opt against doing so.

The issue, known as "standing" in legal parlance, is key in the legal fight over Proposition 8, the ban against same-sex marriage Golden State voters adopted in 2008. Thursday's court decision clears the way for a three-judge panel for the 9th U.S. Circuit Court of Appeals to issue its own ruling on whether the anti-gay law should be struck down or upheld.

If the anti-gay groups behind Prop 8 had not been allowed standing in the case, then a federal district judge's ruling last summer that Prop 8 is unconstitutional would have been upheld. Thus their being granted standing in the case is a clear victory for Prop 8's backers.

The National Organization for Marriage praised the ruling and said it expects the U.S. Supreme Court will ultimately find Prop 8 is valid.

"Although today's ruling from the California Supreme Court confirms that the proponents of Prop 8 have the right to defend their initiative when the state officials refuse to fulfill their sworn duty, it is gratifying to know that the over 7 million Californians who supported the initiative will have a vigorous defense of their decision in our federal courts," stated Brian Brown, president of the anti-gay group.

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[Emberstone]

what NOM doesnt get is that unless they come up with valid legal reasons for denying american citizens there consitutitionally mandated equal rights, they are fucked, regardless if they have standing or not.

Justice Kennedy is somewhat conservative, but does have history going against conservative groups wishes, and standing up for LGBT equality. If this does go all the way to SCOTUS, NOM is still in a position to lose. Thomas and Scalia be damned (while they enjoy lunching with the attourney offices of a lawyer who is arguing multiple cases infront of them in the coming year... conflict of interest assfucks... oh, and thomas, resign, or recuse yourself from every case your wife is lobbying for!).

[kris burns]

More developments on Prop 8 case:

Prop. 8 cases joined, moving faster : SCOTUSblog

[Chouchou]

Originally Posted by Emberstone

Thomas and Scalia be damned (while they enjoy lunching with the attourney offices of a lawyer who is arguing multiple cases infront of them in the coming year... conflict of interest assfucks... oh, and thomas, resign, or recuse yourself from every case your wife is lobbying for!).

Oh, we all know that they won't recuse themselves because of this conflict of interest, even though they know full well that they must. They are Class-A assholes who are a disgrace to their institution.