California Supreme Court rules that Prop. 8 sponsors are legally entitled to defend measure

This is very disappointing.

The battle for marriage equality in California suffered a setback today with the California Supreme Court that the sponsors of Proposition 8 and other ballot measures are entitled to defend them in court when the state refuses to do so. The governor and the attorney general have refused to defend the measure banning same-sex marriages approved by voters in 2008.

The effect of today’s ruling is that the backers of Prop. 8 can now take the case to federal court and potentially to the US Supreme Court.

“While we respect the recommendations that the California Supreme Court made to the 9th Circuit Court of Appeals– that they grant standing to the proponents of the so-called ProtectMarriage.com — it is only a recommendation,” said Rick Jacobs, (pictured, left) chair and founder of the 750,000 member Courage Campaign. “Allowing the Prop 8 proponents to have special rights in Court may open the floodgates to wealthy special interests to do the same. The judges of the 9th Circuit must determine if people who had enough money to buy a ballot measure that calls for people to vote on each other’s rights should have special rights in federal court. Regardless, we are confident that justice and love will prevail.”

The opinion was issued at the request of the Federal 9th Circuit Court of Appeals, which heard the appeal of the 2010 ruling that struck down Proposition 8. The case will now return to the 9th Circuit Court of Appeals, which will make a federal ruling on whether proponents of Prop 8 have standing to appeal the 2010 ruling and, if so, will consider whether Proposition 8 is invalid.

“Handing the authority and decision-making power of the state to a small group of citizens with an extremist agenda sets an extraordinary precedent that could complicate efforts to challenge future unconstitutional initiatives and prolong the harm suffered by Californians impacted by those initiatives,” said David Codell, who serves as pro bono counsel for Equality California along with colleagues at Caldwell Leslie & Proctor, PC. “Equality California is disappointed in today’s decision because we do not believe that initiative proponents such as the sponsors of Proposition 8 should be deemed to have any authority to represent the interests of the State of California. That authority should lie in the hands of our elected officials, such as the governor and the attorney General, both of whom recognize that Proposition 8 violates the federal Constitution.”