There were no real surprises in the Ninth Circuit Court of Appeals decision yesterday in the federal Prop. 8 case to return the question of standing for Prop. 8 supporters to the California State Supreme Court, and to reject Imperial County's standing to appeal.
If the California Supreme Court finds that the Yes on Prop. 8 supporters do NOT have standing to appeal, then Judge Walker's ruling overturning Prop. 8 will stand, as will his injunction against enforcement of Prop. 8, and we will have marriage equality again in California. However, the CA Supreme Court could take months to determine the question of standing, and their answer would then go to the 9th Circuit, which would review and then determine their decision in the case. It is also possible that the CA Supreme Court could refuse to answer the question, thus returning it to the 9th Circuit. And of course, whatever the decision of the 9th Circuit, this case could be appealed to the Supreme Court of the US. However, if the case is decided on narrow grounds of standing, the SCOTUS would likely choose not to hear an appeal.
Prop. 8 supporters have asked that if they are denied standing to appeal, that Judge Walker's ruling be vacated for this reason, but it seems clear that the proponents did have standing in that court, although they likely do not at the 9th Circuit level. The question has also been raised of whether a decision against Prop. 8 might apply only to the counties participating in the suit, but it appears clear that Judge Walker's ruling applies statewide if it stands.
At this point, we wait for the decision of the CA Supreme Court, the decision of the 9th Circuit, and then the decision of the SCOTUS before we have a final result, so keep your fingers crossed and keep supporting this essential work for marriage equality not only in California but nationwide!
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