CA Supreme Court rules Prop 8 proponents do have standing to appeal

[Newsjock]

http://www.prop8trialtracker.com/2011/11/17/breaking-ca-supreme-court-rules-prop-8-proponents-do-have-standing-to-appeal/

This morning, the CA Supreme Court ruled that the proponents of Prop 8 do have standing under state law to appeal the decision in Perry v. Brown:

… In response to the question submitted by the Ninth Circuit, we conclude, for the reasons discussed above, that when the public officials who ordinarily defend a challenged state law or appeal a judgment invalidating the law decline to do so, under article II, section 8 of the California Constitution and the relevant provisions of the Elections Code, the official proponents of a voter-approved initiative measure are authorized to assert the state’s interest in the initiative’s validity, enabling the proponents to defend the constitutionality of the initiative and to appeal a judgment invalidating the initiative. …

[GodlessBiker]

1. So, in other words, the judgment of elected officials is worth crap.

[RandySF]

2. There is a silver lining.

Now, the 9th Circuit Court of Appeals will have to hear the core case.

[KamaAina]

3. Goody! So in another year and a half, we'll win again...

...and then the H8ers wil appeal to the Supremes. :scared:

[GodlessBiker]

4. I would have taken the win in CA and called it a day.

[FreeState]

7. They already heard it and deferred ruling until CASC issues it's opinion

They could rule any day now or call more hearings, but they have already heard the case.

[xchrom]

5. great

:eyes: the news just sucks today.

[gratuitous]

6. Not unexpected

And, really, from any perspective, if the state isn't willing to defend a proposition then the sponsors should be able to do so. What would happen if voters approved a same sex marriage initiative in, say, Wisconsin, and the governor there decided not to allow his attorney general to defend it from a court challenge?

I want this to have a full legal airing, so there can be no doubt about whether the Constitution is supposed to apply to everyone or just some designated few. It's a fight we have to fight forever.