Prop 8 dismissed on standing

  • Parent Category: News
  • Published: Wednesday, 26 June 2013 07:46
  • Written by Jason Scott

A divided U.S. Supreme Court gave a victory to the gay-rights movement, striking down a federal law that denies benefits to same-sex married couples and potentially clearing the way for weddings to resume in California.
The court stopped short of declaring a constitutional right for gays to marry, or even ruling directly on California's voter-approved ban, as the justices considered the issue for the first time.

The challenge to the constitutionality of California's Proposition 8, which bans same-sex marriage: After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.