Anti-gay marriage ban backers win one
November 18, 2011
Supporters of this state’s anti-gay marriage prohibition will be allowed to defend the ban in court after the California Supreme Court ruled unanimously in their favor Thursday.
A legal challenge to Proposition 8, passed by voters in 2008, was halted by refusal of the Brown Administration to litigate the issue on the grounds that the initiative is unconstitutional.
The 9th U.S. Circuit of Appeals will now decide the issue after the high court justices ruled the proposal’s backers should be able to appeal a 2010 court decision which struck it down.
While it was at it, the court warned attorneys that the state ballot initiative process would be “undermined” if the governor and attorney general can trump voters by refusing to defend such laws in court.
“This frees up the 9th Circuit to go ahead and decide the constitutional issues on the merits,” said Theodore Olson, former U.S. Solicitor General during the Bush administration. “We’re anxious to get to a decision on the merits that Proposition 8 is unconstitutional.”
Proponents of the ban were pleased with the decision, which allows them to proceed with their appeal, calling the Supreme Court decision a “huge disaster for the homosexual marriage extremists.”