Prop 8 may be decided at 10 a.m. tomorrow

Timothy Kincaid

November 16th, 2011

Tomorrow at 10 a.m. (Pacific Time), the California Supreme Court will advise the Ninth Circuit Court of Appeals as to whether the anti-gay activist organizations that are seeking to step in place of the State of California to defend Proposition 8 have standing, under California law, to do so.

Should the CA Supremes advise that the Proponents of Proposition 8 have no standing, and should the Ninth Circuit accept that advice, then the case is over. Proposition 8 will be dead and marriage equality will return to California.


November 16th, 2011

I’m almost wanting them to win. I want to hear the arguments they use to defend Prop 8.


November 16th, 2011

Seems like that depends on what you mean by “decided.” Whatever the California court says in the morning, the appeals court will surely not respond the same day. Either way, they’ll probably set a hearing months down the road and a decision months after that, and that’s if the US Supreme Court stays out of it until then.

Still, it’s another step done!


November 17th, 2011

The Proponents have no argument. During the trial, the two “expert” witnesses ended up proving the plaintiffs case instead of defense’s and the one other witness who worked with the campaign just embarrassed himself terribly by showing there was no legal justification and was based solely on personal “moral” objections.


November 17th, 2011

I just have difficulty getting my head around a Precedent saying that any Joe-Schmoe can step in and represent the entire State of California when Elected State Officials deem it not appropriate to do so, which, and I could be way off, would seem to be the case if Standing is indeed granted.


November 17th, 2011

I do hope they have standing actually, mainly because I think that voter-led initiatives would be greatly impoverished if all that was needed to render them null and void was for an elected official to refuse to defend them in court. I also have a tiny part of me that wants to see this go to the Supreme Court and thus influence the rest of the country.

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