The California Supreme Court ruled Thursday that “official proponents” of Proposition 8 can defend the ballot initiative in court. Proposition 8 has long been considered a discriminatory legislation that prohibits the legalization of same-sex marriage in the state of California.
The court unanimously ruled with Proposition 8 sponsors who ultimately argued that due to a lack of defense of the voter-approved law, the ruling should be reevaluated. With the new ruling, Proposition 8 supporters can continue to pursue their legal defense of “protecting” marriage in the state. The ruling, however, will also allow LGBT allies and activists to argue that the ballot initiative is discriminatory.
“The inability of the official proponents of an initiative measure to appeal a trial court judgment invalidating the measure, when the public officials who ordinarily would file such an appeal decline to do so, would significantly undermine the initiative power,” said Chief Justice Tani Cantil-Sakauye.
California’s new ruling will enact the 9th Circuit to weigh the legal challenges associated with Proposition 8, which was approved by voters in 2008 to stop gay marriages in the state.
“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. “We’re anxious to get to a decision on the merits that Proposition 8 is unconstitutional.”
“They’ve made their decision, we’re going to proceed on the basis of that decision and move forward,” he said. “The most important thing for us and our clients, and gay and lesbian people in California, is it’s been way too long.”
The anti-gay organization ProtectMarriage has been the most prominent supporter of Proposition 8.
“We’re very happy to have an opportunity to go forward as promptly as possible,” Olson added.
