The federal court of appeals has said it cannot decide in a ruling on the ban of gay marriage in California by state voter initiative. It has asked the Supreme Court to decide if the sponsors of Prop 8 have the authority to defend the measure in the absence of a defense by the state.
A three-judge panel of the 9th U.S. Circuit Court of Appeals issued an order asking the California Supreme Court to decide if ballot proposition backers can step in to defend voter-approved initiatives in court when state officials refuse to do so.
The high court does not have to respond to the 9th Circuit panel's order, but legal experts expect it will. The panel suggested that without the state court's input, it would have to dismiss the case.
"This court is obligated to ensure that it has jurisdiction over this appeal before proceeding to the important constitutional questions it presents, and we must dismiss the appeal if we lack jurisdiction," the judges wrote.
“The 9th Circuit has certified certain questions of California law for resolution by the California Supreme Court in order to assist them in determining whether the proponents of Proposition 8 have the legal right to appeal the district court’s decision last August declaring that measure unconstitutional. We are confident that the California Supreme Court will answer those questions fully and expeditiously given the vital importance of this case to hundreds of thousands of Californians who are being discriminated against daily by the existence of Proposition 8. We are also confident that the Plaintiffs ultimately will prevail, and that the district court’s judgment will be affirmed.” Theodore Olson, said.
More on the story at afer.org.
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