Opponents of same-sex marriage ban urge Calif. Supreme Court to reject federal appeals court request

[Newsjock]

Source: Los Angeles Times

An attorney for same-sex couples hoping to overturn Proposition 8 in federal court urged the California Supreme Court on Tuesday to reject a federal appeals court request to determine whether state law gives initiative sponsors legal authority to defend ballot measures.

The U.S. 9th Circuit Court of Appeals asked the state high court earlier this month whether California law gives initiative proponents the right to defend a ballot measure when state officials refuse to do so.

In federal court, the general rule is that only a party that is directly affected by a trial court ruling has standing or authority to appeal it. State officials have refused to appeal the August ruling against Proposition 8.

In his letter to the state court, Theodore B. Olson, an attorney for two same-sex couples, said the question of standing in federal court is a federal constitutional issue, not a state one, and that the California Supreme Court would merely prolong the case by agreeing to answer the 9th Circuit’s question.

Read more: http://latimesblogs.latimes.com/lanow/2011/01/opponents-of-same-sex-marriage-ban-urge-california-supreme-court-to-reject-federal-appeals-court-req.html

[Unvanguard]

1. I don't know what their motive here is.

The panel indicated pretty strongly that they would find standing if it were up to them.

[GOPNotForMe]

2. They want to take this all the way to the Supreme Court on the merits of the case.

Maybe they know something about the composition of the high court that we don't, but it seems pretty quixotic at this point...

[Unvanguard]

3. Then why fight so hard on standing before?

And why reiterate those arguments in their letter?

The better course seems to be that taken by San Francisco, which asks the Court to rephrase the certification questions in a manner more favorable to the Plaintiffs.