skip to main content

Listen

Read

Watch

Schedules

Programs

Events

Give

Account

Donation Heart Ribbon

Prop 8 Debate May Hinge On Who’s Arguing The Case

Audio

Aired 8/18/10

The fight over whether gay marriage should be allowed in California could come down to who is arguing the case. Proposition 8 supporters are being asked to explain why they should be involved.

— The fight over whether gay marriage should be allowed in California could come down to who is arguing the case. Proposition 8 supporters are being asked to explain why they should be involved.

Protestors against Proposition 8 march by San Francisco city hall on their way to the California Supreme Court May 26, 2009 in San Francisco, California.
Enlarge this image

Above: Protestors against Proposition 8 march by San Francisco city hall on their way to the California Supreme Court May 26, 2009 in San Francisco, California.

The lawsuit challenging the voter-approved measure names the governor as the defendant, but both he and the California attorney general have declined to defend the ban on same-sex marriage.

A group of Prop. 8 supporters have stepped in to defend the law instead. The U.S. 9th Circuit Court of Appeals says it will make the case a priority.

KPBS Legal Analyst Dan Eaton says the court also asked supporters to explain their standing in the appeal.

“Among the other issues, the Prop. 8 supporters are going to have to show why they have the right to press this issue when the governor and attorney general both said, look, we don’t support Prop. 8, we’re ready to comply,” Eaton said.

Supporters of the proposition say previous court cases give them precedent to argue in favor of the law.

The 9th Circuit Court will hear the case in December.

Comments

Avatar for user 'Richard123'

Richard123 | August 17, 2010 at 5:22 p.m. ― 3 years, 11 months ago

It seems like of obvious that the Governor and Attorney General are named as defendants in their capacity as democratically elected officials--not as feudal lords in their own right. That they are derelict in their duty is also clear and no doubt the court will find a remedy to the difficulties resulting.
I think that any citizen has a right in society to a share of input into the makeup of said society. Otherwise he is a subject, something much lower in status. In fact, even in medieval times the views of the populace were more taken into account than would-be Governors Schwarzenegger & Brown would have it.

( | suggest removal )