Supporters of Proposition 8 Argue for Right to Appeal
Download PDF

California Proposition 8, the ban of same-sex marriage in California, has repeatedly not been defended by state officials.  Monday, March 14, supporters of Prop 8 asked the California Supreme Court to let them defend Prop 8 since it was not being defended by the state.

The court announced last month that it would decide if the pending federal appeal of the invalidation of Prop 8 could continue.  The proponents argue that all of the work that they have done in creating, defending, and supporting the proposition has created a “personal, particularized interest in the validity of their initiative entitling them to defend the initiative as real parties in interest if it is challenged in court.”  They also argue that the entitlement that they have to appeal is taken from state law, and that “…allowing official proponents to intervene to vindicate the People’s interest in successful initiatives when public officials will not do so is necessary to preserve the People’s initiative power…”


The initiative has been undefended again and again by state officials, and an appeals court in California last September held that it is not necessary for them to defend it.  If it is ruled by the Supreme Court of California that these proponents are not allowed to defend Prop 8 under state law, then the case will most likely be dismissed by the court of appeals.

The stay that prohibited gay couples from marrying was requested to be lifted earlier this month by Attorney General of California, Kamala Harris.  She felt that it was irrational to continue the stay, and that the appeal would not likely succeed.  She also feels that laws about sexual orientation should be given a higher standard of review.  The stay is still in force as of this writing, and was originally ordered last August after an appeal was being decided on by the court after Prop 8 was overturned last year by a federal judge.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!


Most Popular

Legal Career Resources

October 19, 2016 Not Everyone Is Fit to Work in a Law Firm

Summary: Law firm work is not meant for everyone no matter what kind of credentials you have, so figure out now if you should be pursuing another career. Read Three Simple Ways to Tell If You Should Work (or Continue […]

read more


To Top