Thursday, January 24, 2013

Prop 8 case: what if they don't find standing?

One of the arguments the Supreme Court will hear in the Prop8 case is whether or not the proponents of Prop8, who appealed their case to the 9th Circuit Court of Appeals, had legal "standing" to do so, since the State of California declined. Scotusblog discusses the possible outcomes.
If the Court were to hold that the petitioners in Hollingsworth v. Perry — the Proposition 8 initiative sponsors — do not have Article III standing to appeal, what then? What would become of the judgments below, and of Proposition 8 more broadly?

The Supreme Court presumably would reverse and vacate the judgment of the U.S. Court of Appeals for the Ninth Circuit, since the Proposition 8 proponents were also the only parties to appeal to that court from the district court judgment. If that were to happen, the Ninth Circuit’s opinion would no longer have precedential effect that would govern future cases challenging California’s (or any other state’s) refusal to recognize same-sex marriages. ....

But what about Judge Walker’s judgment and injunction in the district court in Perry? What would become of that?

Most likely, nothing — it would stand. In the district court, the named defendant state and local officials did appear, and there was complete Article III adversity between them and the plaintiffs. Judge Walker’s injunction was entered against the named defendants, and it altered the legal relationship between them and the plaintiffs. Therefore it should remain intact..... would mean that the two couples who sued in Perry — Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo — would receive marriage licenses from the defendant Clerks of Alameda and Los Angeles Counties, respectively.

But would the injunction have any further effect, on other same-sex couples in California?

It shouldn’t — not of its own force, anyway.
WOuldn't that be amazing....all this and it wouldn't affect the rights of any other couples in CA besides the two couples who brought the case.

If this happens, there will be another ballot measure. Because ultimately that's the most reliable way to overturn this bigoted, hate-filled amendment.

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