Proposition 8 Decision: We Will Decide In a Year or So


The California Supreme Court made a decision today — kind of — in the ongoing case of Proposition 8, the California ballot proposal that banned gay marriage in 2008.

The California Supremes decided that they will decide something in about 10 months to a year.

There’s nothing like justice delayed, is there?

Prop. 8 was ruled unconstitutional in federal district court last year by Judge Vaughn Walker in the case Perry v. Schwarzenegger. Prop. 8’s proponents wanted to appeal, but the problem was the losers of the case, then-Governor Arnold Schwarzenegger and then-Attorney General (and current California Governor) Jerry Brown, didn’t want to appeal and wanted to let the decision stand. If the loser of a lawsuit doesn’t appeal, the ruling stands, and in this case gay and lesbian marriages would have been under way in short order.

But anti-gay marriage activists appealed anyway, and the Ninth Circuit Court of Appeals took the case, stopping gay marriages from occurring in the Golden State until the issue was decided. Ultimately, the Ninth Circuit said it wasn’t clear if Prop. 8’s supporters had standing to sue (without Schwarzenegger and Brown on board), and they might not be able to decide the case. Whether or not those appealing had standing, and whether or not a federal appeal was appropriate, was an issue of state law. So, the feds sent this issue to the California Supreme Court…

…Who has now decided, apparently, that they will make a decision about standing. But no wedding bells will be heard in the Castro anytime soon. The first round of written briefs must be submitted to the court by March, with the idea that oral arguments may happen “as early as September, 2011.”

You can read the latest decision here.


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