This will be a big day. We’ll learn what the California Supreme Court is going to do on the standing issue in the Prop. 8 case:
The California Supreme Court will decide Wednesday whether to plunge back into the legal battle over same-sex marriage.
The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure.
Depending on the court’s ruling, the 9th Circuit could either dismiss the Proposition 8 appeal on procedural grounds — limiting the case’s effect to California — or rule on federal constitutional questions that would affect same-sex marriage throughout the country.
The California Supreme Court could determine that supporters of Prop. 8 don’t have standing and can’t represent the State moving forward. The Ninth Circuit won’t get to the merits — and Judge Walker’s ruling that Prop. 8 is unconstitutional will stand (but only hold in California.)
For a refresher on the standing issue, check the post from Constitutional Law Prof. David Cruz: Do The Prop. 8 Proponents have standing to Appeal?