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The 2008 voter-approved ballot measure known as Prop 8, which denies same-sex couples the right to marry in California, is likely to shift back to the state’s Supreme Court. There is also a possibility of the case reaching the US Supreme Court. The 9th Circuit Appeals Court, which heard arguments on December 6th, requested that the state’s high court assist in its rendering on the key issue of standing—as it pertains to defendants, Protectmarriage.com. Standing—or the legal right to initiate a lawsuit—surfaced in the debate following the refusal of both former Governor Arnold Schwarzenegger and then-State Attorney’s General Jerry Brown to defend the proposition. In lieu of state officials, U.S. District Judge Vaughn Walker, who deemed Proposition 8 as unconstitutional, allowed the measure’s proponents to appeal his decision; but did so with the standing caveat. The anomaly created by this action of veto by refusal has spurred a federal lawsuit known as Perry vs. Schwarzenegger from the anti-gay group. However, if the state supreme court delegitimizes the standing of the anti-gay group, it would effectively uphold Judge Walker’s ruling and could end the case altogether. The ruling could take up to a year.

GUEST: Rick Jacobs, Founder and Chair of the Courage Campaign

Follow Rick’s blog at www.prop8trialtracker.com.