Legal battle likely headed to Supreme Court

SAN FRANCISCO (AP) — A federal appeals court says it can’t decide if California’s gay marriage ban is constitutional until the state’s highest court weighs in on whether Proposition 8’s sponsors have the authority to defend the ban.

In a brief order filed Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals asked the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-approved measures in court when state officials refuse to do so.

Dean Erwin Chemerinksy of the U.C. Irvine School of Law says the issue of legal standing is central to the ongoing court battle.

The question is central to the future of Proposition 8 because former Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to appeal a San Francisco trial judge’s August decision striking down the ban as a violation of gay Californians’ civil rights.

(©2010 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

Comments (3)
  1. Richard in Castaic says:

    I’m totally against gay marriage. It’s not because I don’t like gay people, I’m totally cool with gay people. The fact is I’m against marriage of any kind, gay, straight or otherwise. It’s an antiquated and quaint custom that has long outlived it’s usefulness. Now that everybody realizes that women are every bit mens equals, this whole wedding charade just seems so obsolete…

  2. notlovinLA says:

    Well, Richard in Castaic, marriage is definitely not obsolete. I see married couples everywhere every day. In fact, I am one of those marriage-believers. However, I would describe society’s view of marriage as unimportant and worthless. Marriage is a very beautiful thing, if it’s treated with care and fidelity and importance. That said, I am also against gay marriage for reasons that have nothing to do with hate or bigotry.

  3. armo says:

    no to gay marriage

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