Should the courts allow proponents of Proposition 8 to appeal their case?

Last week I wrote about the hold on gay marriage in California, which will keep Proposition 8 in effect despite Judge Walker’s finding that the measure is unconstitutional. The Ninth Circuit Court will rule in September or later on Walker’s finding, but only after they determine if the defenders of Prop 8 have legal standing to appeal Walker’s decision. Legal standing is determined by “strict legal rules about who is allowed to pursue a case in federal court." If proponents of Prop 8 are found not to have legal standing, Judge Walker’s finding will stand and this particular case will not move up through the court system toward the Supreme Court.

Protect Marriage is the organization that originally backed Proposition 8 when it was a ballot measure and now seeks to appeal Judge Walker’s decision. To have legal standing, Protect Marriage must establish that they are in a position make a strong argument in Prop 8’s defense and that they have suffered “an actual injury” as a result of Prop 8 being found unconstitutional. No one doubts that this group will vigorously defend their heterosexual ideal. However, they might have trouble convincing the court that they've suffered harm as a result of legal same-sex marriage. If the defendants of Prop 8 are found without legal standing to appeal, Judge Walker’s finding will stand and gay marriage will be legal in California and 11 other states and territories.

The LA Times reports, “the fight over the constitutionality of Proposition 8 might not be decided by the U.S. Supreme Court, as many have expected.” Do you think the case should be allowed to move on to higher courts, or does the possible lack of legal standing lead you to believe Judge Walker’s decision should be the last word on the matter?

Eleanor Brown