Constitutional Law,
U.S. Supreme Court
Jan. 11, 2013
Courts free to decide Prop. 8 issue anew if high court case dismissed
If the case is dismissed and the lower court's opinion stands, would the judgment enjoin the enforcement of Prop. 8 for anyone other than the two same-sex couples who brought the challenge to Prop. 8? Probably not.
In its order agreeing to review the federal court litigation surrounding California's limiting of marriage to opposite-sex couples (Proposition 8), the U.S. Supreme Court asked the parties to brief the question of whether the petitioners - who are the Prop. 8's proponents, not the California officials who were sued in federal district court - have standing under Article III, Section 2 of the U.S. Constitution.
That question was posed because at trial California's then-governor (Ar...For only $95 a month (the price of 2 article purchases)
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