California Supreme Court to hear arguments on ‘standing’ in Prop 8 appeal

For the second week in a row, Proposition 8 is in court and, next week, it’s right back where it started.

On Tuesday, September 6, the court is the California Supreme Court, and the question is whether there is any authority under California law that gives Yes on 8 the right to appeal a ruling that struck down the state ban on same-sex marriage when state officials decided not to.

Yes on 8 is the coalition of groups that organized the campaign to pass California’s ban on same-sex marriage in November 2008, ending six months of marriage equality in the nation’s most populous state.

The Proposition 8 initiative was Yes on 8’s reaction to a decision by the California Supreme Court in 2008 that held that the state constitution’s guarantee of equal protection.

Last Monday, August 29, the venue for the Proposition 8 litigation was the U.S. District Court in San Francisco, and the question was whether the court would release to the public videotapes of the landmark Proposition 8 trial — Perry v. Brown (formerly Perry v. Schwarzenegger). A decision in that matter is expected any day now.