By San Diego Gay and Lesbian News
SAN FRANCISCO – Will the California Supreme Court get involved in the Proposition 8 case as requested by the U.S. Ninth Circuit Court of Appeals?
The state’s high court is scheduled to meet in a closed session today to review a request by the Ninth Circuit to decide a question about standing on whether the sponsors of the Yes on 8 campaign can legally defend the ballot measure in court.
California voters approved Prop. 8 in November 2008, which took away the rights of gays and lesbians to wed. About 18,000 gay and lesbian couples got married before Prop. 8 became law.
In August, federal Judge Vaughn Walker ruled that Prop. 8 was unconstitutional because it violated equal protection guarantees granted by the U.S. Constitution.
California’s governor and attorney general refused to appeal Judge Walker’s ruling, but the ballot measure sponsors appealed to the Ninth Circuit.
In December, the Ninth Circuit panel questioned whether someone other than the state could appeal Judge Walker’s ruling, and asked the California Supreme Court to decide the issue before proceeding in the case.