SACRAMENTO (CBS) — Supporters of a voter-backed measure to ban gay marriages in California argued before the state Supreme Court on Tuesday for the right to appeal a federal ruling overturning the ban.
KNX 1070′s Doug Sovern reports gay rights groups want the state high court to prevent backers of Prop. 8 from an appeal that could end in a possible constitutional showdown before the U.S. Supreme Court.
The ruling is expected to determine whether the sponsors of Prop. 8 can appeal the federal court’s decision after both the attorney general and governor of California declined to do so.
Andrew Pugno, general counsel for ProtectMarriage.com said the will of federal judges should not prevail over the votes of more than 7 million Californians who want to keep marriage between a man and a woman.
“The governor and attorney general would be exercising a veto over the people’s vote if they are able to essentially allow an initiative to be nullified,” Pugno said.
KNX 1070 legal analyst Royal Oakes argued that others want the court to make sure elected officials cannot override the will of the voters.
“Supporters of Prop. 8 say the measure’s backers were allowed to defend it at trial, so they should be permitted to take the case up the appellate ladder,” said Oakes.
Then-Gov. Arnold Schwarzenegger and Attorney General Jerry Brown both refused to seek an appeal of the Prop. 8 ruling that found it was unconstitutional.