American Foundation for Equal Rights

Special Marriage Update about the California Supreme Court’s Advisory Opinion on Standing


Breaking news: The Prop 8 case is back on the fast track with a ruling from the California Supreme Court that sets the stage for a huge victory that could come very soon.

I’m Matt Baume at the American Foundation for Equal Rights, and welcome to a special episode of Marriage News Watch.

At first glance, it might look like a setback — but it’s not: the California Supreme Court ruled today that ballot proponents — like the people who advanced Proposition 8 — have a right to assume the role of the Governor and Attorney General to defend laws challenged as unconstitutional.


That means that the 9th Circuit court of appeals may potentially find that the Prop 8 proponents have standing to challenge last year’s Federal District Court ruling that Prop 8 is unconstitutional.

But that’s fine. Whether they have standing or not, what they don’t have is a case. Prop 8 was exhaustively examined in court, and the ruling against it is air-tight. The proponents have spent the last year throwing out every trick and stall tactic in the book, and for what? They know they can’t win. They’re just forcing loving, committed couples like Jeff and Paul and Sandy and Kris to wait for the day when they can wed.


Well now they’re out of tricks, and momentum’s back on our side. Today’s ruling sets the stage for a rapid series of victories.

So, what’s next? We’re going back to court. December 8th, 2:30pm, at the Ninth Circuit Court of Appeals in San Francisco. We’re ready to demolish the Proponents’ groundless appeal, defend our sweeping victory, and ultimately win full federal marriage equality for every LGBT couple in the country.

We’ll see you in court on December 8th.