It’s been quiet for a while in the Prop 8 federal litigation, but today might bring some changes on that front. According to the LA Times (h/t Prop 8 Trial Tracker), the California Supreme Court will decide whether they will respond to the question that the 9th Circuit certified to them:
The California Supreme Court will decide Wednesday whether to plunge back into the legal battle over same-sex marriage.
The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure. (LAT)
The 9th Circuit asked the California Supreme Court a question of state law, basically whether the proponents of a ballot measure have any special standing to defend the measure they helped to pass. The question has always been somewhat murky, both at the state and federal levels. A response on this question could have some pretty far-ranging impacts beyond the Prop 8 litigation.
But for now, we’ll just wait and see.
A slight silver lining in this whole mess has been how it makes an excellent teaching tool for our kids. They now know the difference between state courts, federal courts, trial courts, courts of appeal, and of course the Supreme Courts.
Let’s cross our fingers and hope they’ll also learn what victory means.