The appeal of the August ruling striking down California’s same-sex marriage ban, Proposition 8, is set for December 6, 2010.
Back in August of this year, US District Judge Vaughn R. Walker ruled that Prop 8 violated the US Constitution and ordered it overturned. However, due to the certain appeal process, Judge Walker granted the defendants (Yes on 8 ) a stay of his ruling, meaning that Prop 8 is still the law of the land until the appeals process is over or his ruling is reversed by a higher court. At trial, the justices will be hearing two arguments.
Standing
First, Yes on 8 will be arguing why they should be granted Article III standing to appeal Judge Walkers’ ruling. This is probably the big issue that could end this legal fight right then and there. Last year, the Judge walker allowed Yes on 8 to “intervene” in the Prop 8 trial when both Jerry Brown – currently CA’s Attorney General – and Governor Arnold Schwartzenneger said they would not defend Prop 8 in court. This is no the same as being granted Article III standing.
Playing With Politics 