SAN FRANCISCO — The California Supreme Court’s decision Wednesday to take up a key question in the fight over Proposition 8 places the court once again in the forefront of the legal battle over same-sex marriage.
The court, meeting in closed session, decided unanimously to rule on whether sponsors of ballot initiatives have special authority under state law to defend the measures in court when state officials refuse to do so.
The 9th U.S. Circuit Court of Appeals, considering a federal judge’s ruling that struck down Proposition 8, had asked California’s Supreme Court last month to decide the state legal question. Proposition 8 sponsors appealed the order striking down the initiative, but state officials refused to do so.
The court’s answer will determine whether Proposition 8 is overturned on narrow, procedural grounds with limited effect or whether the case reaches the U.S. Supreme Court on constitutional questions that could affect same-sex marriage laws throughout the country.
The California Supreme Court’s order Wednesday set an expedited briefing schedule for a hearing that may be held “as early as September.” That means a decision would be unlikely until the end of the year.
Los Angeles Times
