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

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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.

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.

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