Home

Supporters of Proposition 8 Argue for Right to Appeal
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

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…”

  
What
Where


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!!






 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate, Mergers and Acquisitions and Securities Associate Attorney

USA-NY-New York City

New York City office of our client seeks corporate, mergers and acquisitions and securities associat...

Apply Now

Business Litigation Attorney

USA-CA-Santa Monica

Santa Monica office of our client seeks business litigation attorney with 1-3 years of experience. T...

Apply Now

Intellectual Property Litigation / Enforcement Associate Attorney

USA-CA-San Francisco

San Francisco office of our client seeks intellectual property litigation / enforcement associate at...

Apply Now

Eminent Domain Attorney

USA-TX-Richmond

Richmond office of our client seeks eminent domain attorney with 5+ years of experience. The candida...

Apply Now

RELEVANT JOBS

Corporate Attorney

USA-NJ-Mount Laurel

Parker McCay is seeking a mid-level attorney to join the corporate transactional department, a dynam...

Apply now

Labor, Employment, and Education Attorney

USA-NJ-Mount Laurel

Parker McCay is seeking an experienced attorney to focus on all aspects of counseling and litigation...

Apply now

Litigation paralegal

USA-TX-Dallas

We are looking to immediately hire a responsible, highly organized, self-motivated litigation parale...

Apply now

Attorney

USA-TX-Dallas

Associate Attorney – 7 to 10 Years’ Experience - Dallas/Fort Worth   ...

Apply now

SEARCH IN ARCHIVE

To Top