A three-judge panel heard oral arguments yesterday in the legal challenge against Proposition 8, the ballot measure that made same-sex marriage illegal in California. The arguments, made before the Ninth Circuit Court of Appeals, hinged on two things: First, whether the same-sex marriage opponents who filed the appeal actually have the standing to do so; and second, whether the ban is constitutional.A federal district court ruled in August that the ban is unconstitutional. Opponents of same-sex marriage immediately appealed the ruling to the Ninth Circuit. But the actual defendant in the original case was the State of California — and Gov. Arnold Schwarzenegger and Attorney General Jerry Brown said they wouldn’t appeal. California’s new attorney general-elect, Kamala Harris, also said she won’t appeal the case.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=117365