Federal Court Seeks Guidance In Prop. 8 Case
SAN FRANCISCO (KCBS) - A federal appeals court in San Francisco made two critical decisions on Tuesday in the Proposition 8 case.
Last month, three judges from the 9th Circuit heard oral arguments in San Francisco, on the appeal of the lower court ruling that tossed out Prop 8.
KCBS' Doug Sovern Reports:
Now, those judges have decided that Imperial County does not have the right to step in and try to save the ballot measure and it wants guidance from the California Supreme Court as to whether anyone has the authority to pinch-hit for the governor and attorney general, who declined to defend the ban on gay marriage.
UC Hastings Law professor Rory Little said California's high court will help determine whether Prop 8's authors can continue with their appeal.
"The court has now dismissed Imperial County's motion to intervene, so the only party left to defend Prop 8 are the proponents of Proposition 8," said Little. "The question is do they have standing. The panel has decided that the state law question of, what are the rights of proponents of initiatives under California state law, is relevant to their standing question."
The state court proceeding is likely to add a few months to the process, which is ultimately expected to reach the U.S. Supreme Court.
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