Proposition 8, a discriminatory and unfair ban against same-sex marriage, will face its next legal hurdle Tuesday as it makes its way back into California’s highest court. The California Supreme Court will hear arguments on whether or not “voter-approved measure’s backers have legal authority to appeal the federal ruling that overturned Proposition 8” the Associated Press reports.
In the one hour set aside to assess arguments in support or appeal of that question, the decision could affect the future of how propositions are handled, particularly those which are banned due to voter expression.
Earlier, the 9th Circuit Court of Appeals did not serve a ruling on the matter, and had “expressed doubts about the ability of Proposition 8’s sponsors to challenge the lower court ruling absent the involvement of California’s governor or attorney general,” later deferring the question to a higher court for ruling, dictating it was state law to weigh in on the matter.
Proponents of Proposition 8 insist the ruling should be considered legal, while opponents argue such a ruling should involve a higher authority such as the state’s governor or attorney general.
Depending on any future rulings on the matter, the decision will weigh heavily on future ballot measures determined by popular vote.
