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Thursday, November 17, 2011

UPDATED:Major decision looming in Prop. 8 battle

UPDATE: From the LA Times: The California Supreme Court decided Thursday that the sponsors of Proposition 8 and other ballot measures are entitled to defend them in court when the state refuses to do so, a ruling likely to spur federal courts to decide the constitutionality of same-sex marriage bans.


ORIGINAL ARTICLE:
The California Supreme Court will issue a written decision today on whether or not ProtectMarriage, the backers of Proposition 8, have the legal right to defend the initiative in court.

From the LA Times:

The court's ruling, which will be announced at 10 a.m., will determine whether initiative sponsors are legally entitled to defend their measures in state court when the governor and the attorney general refuse to do so.
If the court rules against the initiative backers, then a federal appeals court is more likely to rule that ProtectMarriage.com, the sponsor of Proposition 8, also lacks standing under federal law.
Gay rights groups want the state high court to deny standing to the initiative's sponsors. That could avoid a constitutional showdown on Proposition 8 that gays might lose before the U.S. Supreme Court.
The ultimate fate of Proposition 8, which was ruled unconstitutional earlier this year by the California court, is now in the hands of the federal court — the U.S. 9th Circuit Court of Appeals. It is the 9th Circuit Court that asked the California court to decide if ProtectMarriage has the right to represent and defend their own initiative in court.

The decision will be announced at 10 am, PT.

Photo LA Times

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