California Supreme Court Agrees to Consider Standing Issue

California Supreme Court Agrees to Consider Standing Issue

Today, a month and a half after the U.S. Court of Appeals for the Ninth Circuit asked the California Supreme Court for a legal opinion on a question of standing in the Prop 8 case, the California justices formally agreed to consider the issue.

So, without delving into the arcane relationship between legal standing under state law and legal standing under federal law, let’s just say that the “fast tracked” challenge to California’s ban on same-sex marriage is now off to wander through the desert for a long long time.

After a series of briefs and counter-briefs, the California Supreme Court will hear oral arguments in September on the question of whether the Prop 8 initiative proponents have the right to represent their side from a legal standpoint under state law, given that the State of California has declined to defend the antigay position.

Did you say September?

Yep. After that it will take a month, or two, or three before the justices determine where the state law comes down on this question. Once they inform the Ninth Circuit panel, the three appellate judges will decide whether the Prop 8 proponents have standing under federal law to appeal Judge Vaughn Walker’s gay marriage decision from last August.

That should take a few more months by the way, so we’re already well into 2012 by my calculations.

Let’s say the Ninth Circuit then decides that the Prop 8 people lack standing. Well, that decision will probably be appealed to the U.S. Supreme Court, which may or may not take review. But you can be sure that many more months will elapse before SCOTUS weighs in, and if the High Court decides to meddle in the matter, the question of standing could drag on for another half year.

Meanwhile, the underlying lawsuit and the constitutionality of Prop 8 will remain in limbo for the foreseeable future.

Hey. Anyone for a Prop 8 repeal campaign in 2012? Remember that idea? We dropped it when we thought this lawsuit would save us from an expensive and divisive foray into California electoral politics. Perhaps it’s time to dust off the plans.

On the other hand, some lower visibility federal cases are moving along at a regular clip, so we’ll see some important marriage decisions in 2011 and 2012. Just don’t hold your breath for demise of Prop 8.