The California Supreme Court has decided that the proponents of the 2008 ballot measure Proposition 8 do have standing to defend the initiative that banned same gender marriage in federal court.
From the Sacramento Bee’s Capitol Alert Blog:
The opinion is expected to increase the likelihood that the 9th U.S. Circuit Court of Appeals will rule the proponents of Proposition 8, approved by voters in 2008, have authority to defend the measure, allowing the case to move forward.
The California Supreme Court concluded, “When the public officials who ordinarily defend a challenged state law or appeal a judgment invalidating the law decline to do so … the official proponents of a voter-approved initiative measure are authorized to assert the state’s interest in the initiative’s validity, enabling the proponents to defend the constitutionality of the initiative and to appeal a judgment invalidating the initiative.”
The decision by the Court is in response to a request by the 9th Circuit Federal Appeals Court for a determination on standing in order to rule whether the appeal of U.S. District Court Judge Vaughn Walker’s decision to overturn the initiative as unconstitutional can move forward.