The following comes from a February 19 posting on the American Family News website.
Even if the U.S. Supreme Court rules that supporters of traditional marriage don’t have the right to defend Proposition 8, one attorney says homosexual activists will still not be celebrating.
Supporters of same-sex “marriage” argue that California’s Proposition 8 proponents do not have the right to defend their measure in court. The initiative, which voters passed in November 2008, defines marriage as only between a man and a woman.
As the U.S. Supreme Court prepares to hear the case in March, it has asked both sides to present their arguments on legal standing. The San Francisco Chronicle notes that if homosexual activists win on the issue of standing, they may not have much to celebrate, as U.S. District Judge Vaughn Walker’s decision that overturned Prop. 8 would be set aside. The ruling would only apply to the two couples who filed the suit, leaving Prop. 8 in effect for the rest of the state.
Ken Klukowski, a senior legal analyst for The American Civil Rights Union (ACRU), explains how that would happen.
“The argument that’s being raised there is if there is no standing at the Supreme Court, then there was no standing at the Ninth Circuit, and, in fact, there was no standing in U.S. District Court — that the whole case has to be stricken entirely off the books,” he details.
Klukowski believes that the high court is unlikely to rule that proponents of Prop. 8 do not have legal standing to defend the initiative.
When Judge Walker overturned Prop. 8 in 2010, prohibiting California from enforcing it, the state’s governor and attorney general refused to defend the state law. So Protect Marriage took a stand for their initiative and has continued to defend it.
Court orders have kept Prop. 8 in effect while the case is on appeal, as traditional marriage maintains widespread support (see earlier story).
See more here.