17 November 2011

Prop 8 proponents should have standing to argue, Cal. Supreme says

The L.A. Times reports on the Cal. Supreme Court decision today, advising the 9th Circuit that the proponents of California's odious Prop. 8 gay marriage ban should have standing to appeal the District Court decision finding the measure unconstitutional.

I do not regard this as a major setback, although of course the case would have crumbled (as would Prop. 8) had the decision gone the other way. In fact, Rightists generally have argued the other way on these standing issues, and the Cal. Supreme Court, if anything, is reinforcing a precedent that citizens (such as groups like the ACLU) can act to either defend or challenge laws even when there is no specific, already manifest plaintiff damages to found the case upon. This decision is a bit arcane for the average citizen to follow, but overall I don't see it as a reason to be concerned. Where the Prop. 8 decision may face a genuine struggle is if, or when, it goes before the U. S. Supreme Court, with its unprincipled gang of 4... sometimes 5... who vote Rightist ideology over legal principle every time.

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