We are less than an hour away from the Ninth Circuit Court of Appeals hearing the Prop. 8 case. In August, U.S. District Court Judge Vaughn R. Walker deemed unconstitutional the California voter-passed amendment banning gay marriage. Now the appellate court must decide whether Walker was correct.
But there is a chance we’ll never get an answer to that question. First the three-judge panel must decide whether supporters of Prop. 8 even have standing to bring this appeal. I’m not sure if this is an issue of first impression for the court, but traditionally only the state can appeal the constitutionality of its own laws—and Gov. Schwarzenegger and Attorney General Jerry Brown, who will soon replace Schwarzenegger, both agreed with Walker and declined to back the law.