The Ninth Circuit Court of Appeals is kicking the Proposition 8 case back to the California Supreme Court.
The federal Appeals Court said today that is asking for guidance from California on the issue of "standing," which is the right to bring a lawsuit due to a sufficient harm from and connection to the matter being considered. The court said that it could not consider the constitutionality of Proposition 8 until the issue of standing is resolved.
The court wrote that there is no precedent for deciding whether the official proponents of a California initiative -- in this case Proposition 8, which bans same-sex marriage -- have the right to "defend the constitutionality of that measure...when the state officers charged with the laws' enforcement, including the Attorney General, refuse to provide such a defense..." Both Arnold Schwarzenegger and Jerry Brown, in their recent incarnations as Governor and Attorney General, declined to defend the proposition. (Continued after audio clip)