The American Foundation for Equal Rights, which represents the plaintiffs in the federal lawsuit challenging the constitutionality of California's citizen's initiative known as Proposition 8, which banned marriage equality after the state's highest court allowed it, has announced that the State Supreme Court has ruled that the proponents of Proposition 8 have the legal standing to defend their proposition in court.
This means that the 9th Circuit Court of Appeals can now rule on the merits of the case. In August 2010, Judge Vaughn Walker of the federal district court found that Proposition 8 was unconstitutional. The backers of the proposition immediately appealed it to the 9th Circuit Court. Last year, a conservative Christian legal advocacy group had unsuccessfully filed an emergency request that the newly-elected governor and attorney general, Jerry Brown and Kamala Harris, respectively, defend Proposition 8, which Governor Arnold Schwarzenegger and Attorney General Jerry Brown refused to defend because they believed it was unconstitutional. Brown and Harris also refused to defend the proposition, leading the court to ask for a determination as to whether the proponents of Proposition 8 had standing to defend it in lieu of state officials.
Arguments have already been made before the 9th Circuit Court for and against Proposition 8. The Courage Campaign points out that even though the state has ruled that the Proposition 8 supporters have standing to defend the initiative, there is a chance that they might not have standing in federal court.
Assuming that the proponents will have standing, the parties anticipate a ruling on the merits of the case soon.
The American Foundation for Equal Rights states,
The Ninth Circuit’s impending ruling is important for a host of reasons:
First, we are confident that the Court will affirm our historic District Court victory. The anti-marriage Proponents of Prop. 8 failed to present a shred of credible evidence to justify discrimination against gay and lesbian Americans. Marriage is a fundamental right guaranteed by the U.S. Constitution, plain and simple.
Second, a Ninth Circuit victory can set an enormous precedent. The District Court decision that affirmed the right to marry for gay and lesbian Americans has had tremendous impact on public opinion. Since we filed the Perry case, seven national polls now show that a majority of Americans support marriage equality. That support will only grow as our case progresses and Americans are able to see the truth: when you look at the facts no American should ever be denied the fundamental freedom to marry.
Third, the potential reach of our case is greatly amplified. The Ninth Circuit is the largest appeals court in the nation, stretching the entire west coast and as far east as Montana and Arizona. This is an essential and critical step to bring our case before the U.S. Supreme Court and achieve our ultimate goal: full federal marriage equality.
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