California Supreme Court allows Prop. 8 supporters to argue ruling
By mary clark
Nov. 18, 2011 1:37 a.m.
The California Supreme Court issued a ruling Thursday that marked a victory for both supporters and challengers of Proposition 8, which banned same-sex marriage in California in 2008.
The ruling allows the defendants in the case, who oppose same-sex marriage, to continue to defend the case in court.
For supporters of Proposition 8, this means that the trial is not yet over ““ a loss today would have meant the legalization of same-sex marriage in California, said UCLA law professor Adam Winkler.
For challengers, it means the opportunity for a victory on a federal level. Based on Thursday’s ruling by the California Supreme Court, the case will now proceed to federal courts.
The advisory vote for the case Perry v. Brown, which challenges the constitutionality of Proposition 8, confirmed that an outside group has the right to support a bill that the governor has refused.
The vote was requested when the case was brought to the Ninth Circuit Court of Appeals after Gov. Jerry Brown withheld support of Proposition 8.
In a telephone conference Thursday, attorneys Ted Olson and David Boies said the plaintiffs, those in favor of same-sex marriage, are pleased with the decision because it will allow the case to proceed quickly in the Ninth Circuit Court of Appeals.
The ruling puts those in favor of same-sex marriage in a high-stakes situation, said Airon Bongon, a fourth-year art history student and president of Delta Lambda Phi, a fraternity for gay, bisexual and progressive men at UCLA.
In August 2010, a federal judge declared Proposition 8 unconstitutional on the grounds that it denies civil rights on the basis of sexual orientation.
In the same month, the Ninth Circuit Court of Appeals ordered a stay on the decision, sending the case to the California Supreme Court. That decision was reached Thursday.
