BREAKING NEWS
The case for overturning Prop 8, which was recently heard in appeal by a federal appeals court, faces a new twist. The judges in that case say they can’t make a decision until they’re sure that those appealing the rule to overturn the proposition have the constitutional right to do so.
SAN FRANCISCO — A federal appeals court says it can’t decide if California’s gay marriage ban is constitutional until the state’s highest court weighs in on whether Proposition 8’s sponsors have the authority to defend the ban.
In a brief order filed Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals asked the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-approved measures in court when state officials refuse to do so.
The question is central to the future of Proposition 8 because former Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to appeal a San Francisco trial judge’s August decision striking down the ban as a violation of gay Californians’ civil rights.
A hard copy of the ruling will be available at our local office…1055 N Van Ness Avenue, Suite C, Fresno
