The California Supreme Court today said that the supporters of a ballot initiative that banned same-sex marriage in the state are legally entitled to defend the measure in court, even if the governor and attorney general won’t, the Associated Press reports.
The effect of the ruling is that the backers of Proposition 8 can now take the case to federal court and potentially to the U.S. Supreme Court.
Update at 3:53 p.m. ET: California Attorney General Kamala D. Harris issued the following statement on the ruling in Perry v. Brown:
“While the Department of Justice argued the Proposition 8 proponents do not have standing to pursue this appeal, the court has ruled otherwise. This ruling now shifts the litigation to the federal court of appeals. I firmly believe that Proposition 8 violates the equal protection and due process clauses of the U.S. Constitution and am confident that justice will prevail.”
Original post: The California Supreme Court will rule today on whether conservatives who backed Proposition 8 are legally entitled to defend the measure in court that made same-sex marriage illegal in the state, the Los Angeles Times reports.
At issue is whether the ProtectMarriage.com, which sponsored the initiative, can defend the measure in court when the governor and attorney general refuse to do so.
A federal judge last year struck down the initiatives, declaring that it violated the civil rights of gay and lesbian Californians.
A coalition of religious and conservative groups that sponsored it appealed, but then-Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown, who both support marriage rights for same-sex couples, refused to do the same on the state’s behalf, the Associated Press reports.
Source: USA Today | Douglas Stanglin