
Advertisement
November 18, 2011 | 10:11 am
Posted by Brad A. Greenberg
It was big, but not unexpected, news that the California Supreme Court ruled yesterday that supporters of Prop. 8 have standing to defend the constitutionality of the voter-passed constitutional amendment limiting marriage to the union of a man and a woman. The deckhead for an LA Times editorial explained the consequences of the holding this way:
The California Supreme Court’s ruling on standing means the same-sex marriage initiative will be adjudicated on its merits. It should once again be found unconstitutional.
But that is not correct. The U.S. Ninth Circuit Court of Appeals, to which the group ProtectMarriage appealed an earlier ruling invalidating the law, had certified the question of standing to the California Supreme Court. They wanted to know whether Prop. 8 supporters would have standing to defend Prop. 8 in state court. But the state courts are not bound by Article III of the U.S. Constitution and, even if they were, the California Supreme Court cannot give a binding ruling on federal law to a federal court.
The decision yesterday was merely instructive of how California courts would treat such an appeal. That is important information, but it doesn’t mean that Prop. 8 will definitely be “adjudicated on its merits.” The Ninth Circuit still needs to determine whether ProtectMarriage has standing in federal court.
However, in this case it seems likely that the Ninth Circuit will proceed onto the merits. As Eugene Volokh explains, the question of who gets to represent the state in federal court is a matter of state law:
It’s clear that when a state loses a case at trial, the state may choose to appeal or not to appeal. But who gets to represent the state in making that decision? We’re used to the notion that the “Executive Branch” makes that decision, since that’s the standard federal answer. But of course in many states, including California, there are several separately elected officeholders. Is it the Governor who gets to speak for the state? The Attorney General? The head of an independent state agency, if the state agency made the decision that is being challenged? Someone else? That question of who gets to represent the state in federal court is a matter of state law, and uncontroversially so.
11.3.12 at 6:40 am | Back to blogging in August 2013 ...
8.20.12 at 12:22 am | Reuters reports that coordinated prayers at ...
8.19.12 at 9:04 pm | In particular, when journalists are identifying. . .
8.18.12 at 9:56 pm | Running afoul of zoning ordinances and an. . .
8.18.12 at 8:33 pm | Some research suggests the numbers are rising but. . .
8.17.12 at 3:41 pm | At an anti-Israel rally in Tehran on Friday, the. . .
5.7.09 at 11:02 am | In an interview with Danielle Berrin ... (165)

4.11.10 at 9:04 pm | Not to pick on Lefty, who won the Masters today. . . (131)
11.6.07 at 3:28 am | (75)


We welcome your feedback.
Your information will not be shared or sold without your consent. Get all the details.
JewishJournal.com has rules for its commenting community.Get all the details.
JewishJournal.com reserves the right to use your comment in our weekly print publication.
judaism israel christianity politics media islam los angeles barack obama entertainment anti-semitism america sports american jews evangelicals crime the law satire president 08 president 08 god personal john mccain holocaust sexuality catholicism war holidays jesus books atheism europe sarah palin bible academia science death middle east california music capitalism
November 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
| |||||||||