The federal court ruling against Proposition 8, California’s ban on same-sex marriage, may face a new fight from opponents who have been arguing in California Supreme Court for the right to appeal the decision.
Since the 2010 federal ruling against Proposition 8, Gov. Jerry Brown and Attorney General Kamal Harris have refused to appeal, opening the door to a resumption of same-sex marriages in California and prompting sponsors of the ballot measure to request the right to defend the state in litigation.
Despite gay rights lawyers maintaining that only state officials have the right to defend measures passed by voters, the Los Angeles Times
is reporting justices appear to be ready to side with proponents of Proposition 8, clearing the way for a battle that could reach as far as the U.S. Supreme Court.
The California court sees the case as reaching beyond Proposition 8, which voters passed in 2008.
“What we are going to hold is not limited to gay issues,” Justice Joyce L. Kennard said. “Our holding will apply to any other circumstance when proponents of initiatives are asserting standing.”
Kennard is considered one of the court’s more liberal members. The court’s decision is expected within 90 days.
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