Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal News
: JURIST - The Paper ChaseProposition 8 supporters argue for standing to appeal
By Ashley Hileman
![]() |
It is well settled under California law that official proponents, unlike mere political, ideological, or philosophical supporters of initiatives, may intervene to defend the initiatives they have sponsored if they are challenged in court. Indeed, this Court's precedent and established principles of California constitutional law make clear 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, a power that must be jealously defended by the courts.California state officials have consistently declined to defend the initiative, and, in September, a California appeals court held [JURIST report] that they are not required to do so. If the California Supreme Court rules that state law does not allow the proponents take up the defense, the court of appeals will likely dismiss the case.
Earlier this month, California Attorney General Kamala Harris [official website] requested [JURIST report] that the US Court of Appeals for the Ninth Circuit lift the stay order prohibiting gay couples from marrying while the appeal is pending. Harris argued that the appeal is unlikely to succeed in light of the aforementioned jurisdictional concerns and the recent US Department of Justice (DOJ) decision to stop defending the constitutionality [JURIST report] of portions of the Defense of Marriage Act (DOMA) [text; JURIST news archive] on the grounds that laws concerning sexual orientation should be subject to a higher standard of review. Harris also questioned the rationality of continuing to enforce the stay, noting that the measure's supporters would not be subjected to harm if the order was lifted, whereas same-sex couples seeking to marry may face violations of their constitutional rights so long as the stay remains effective. A three-judge panel for the Ninth Circuit issued the stay [JURIST report] last August.
Full post as published by JURIST - The Paper Chase on March 15, 2011 (boomark / email).
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Philip Morris
Loses Appeal, Will Pay Millions
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict

Proposition 8 Appeal in Ninth Circuit: Updates and Recusal Controversies
Whats next for Proposition 8 case
Do Prop 8 Proponents Have Standing to Appeal
Marriage Amendment donors targeted








