Prop. 8 Ruling Is In

By: Rick Andreoli

The California Supreme Court ruled Thursday that the organization behind the measure that repealed marriage equality in California does have the legal right to defend the law in court.

As you may recall, marriage equality activists challenged the legality of Proposition 8 in court. At that time California's Governor was Arnold Schwarzenegger, Jerry Brown was the state attorney general, and both refused to defend the measure; when Brown was elected governor and Kamala Harris the new state attorney general, they too declined to take action in support of the law. As a result, Prop 8 supporters took the case to the California Supreme Court, asking the Ninth Circuit U.S. Court of Appeals to decide whether they had the legal standing to step in for the governor and state attorney general if they are unwilling to defend the law. The court's ruling now indicates that sponsors of all ballot initiatives are fit to represent their propositions in court when the governor and state attorney general refuse to do so.

According to The Advocate's Michelle Garcia, this ruling "has also brought up several peripheral legal issues, such as video access in courtrooms and former judge Vaughn Walker's ability to objectively hear the case even though he is gay."

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