The sponsors of Proposition 8 and other contested laws are entitled to defend such measures when the state refuses to do so, the California Supreme Court declared Thursday afternoon. The ruling could push the long argument over same-sex marriage—which has wearied its proponents and adversaries—to the desks of federal judges, including those on the U.S. Supreme Court. —ARK
Los Angeles Times:
The U.S. 9th Circuit Court of Appeals, which is considering an appeal of a trial judge’s ruling that overturned Proposition 8, had asked the California court to clarify whether state law gives initiative sponsors standing, or legal authority, to defend their measures.
State officials are entitled to champion ballot measures in court, but the governor and the attorney general have refused to defend Proposition 8.
Although the 9th Circuit is not bound by Thursday’s ruling, the decision makes it less likely that the appeals court would decide Proposition 8’s future on narrow, standing grounds.