The state law question is whether the official proponents Prop 8 have "authority to assert the State’s interest in the initiative’s validity... when the public officials charged with that duty refuse to do so."
This is the threshold standing question. Standing is a matter of federal constitutional law, but the 9th Circuit has apparently perceive an element of the issue to depend on state law, and it is seeking an authoritative interpretation of state law from the state's highest court.
Showing posts with label standing. Show all posts
Showing posts with label standing. Show all posts
Tuesday, January 4, 2011
Monday, August 16, 2010
9th Circuit stays the Prop 8 case pending appeal.
So... no same-sex marriages in California until the appellate court hears the case. The question whether the Prop 8 proponents have standing to appeal is a threshold question that is still unresolved.
Friday, September 25, 2009
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