(Image Source: The Collegian)

 

BY CHRISTIE NICKS

 

You're watching multisource politics video news analysis from Newsy.


Call it a legal mess. California voters passed it- a federal judge overturned it- and now- Prop 8 is stuck in the appellate court. But a decision by the California Supreme Court might get it moving again.

After the judge ruled the measure unconstitutional, Prop 8’s backers wanted to appeal the decision- but the state refused to do so. That’s when the group Protect Marriage stepped in - hoping to defend Prop 8 in the appellate court.


But does that group have legal standing to appeal the ruling? That’s what California’s high court will decide... but not for another 10 months. One LA Weekly blogger says- that sucks.

“…overall, the...decision, which is being reported as some kind of victory, was a complete buzzkill (especially for all those couples who were hoping to get hitched anytime in the next year anywhere outside Massachusetts). In short? Summer 2011 same-sex weddings now a no-go. And that, your honors, is lame.”

Oakland’s KTVU reports
- the case is moving forward- great, but the court is stalling on answering the big question.

“Is there a constitutional right to gay marriage or is there not, that’s the big question that’s the one that everyone would like to see answered, so this is a year long detour.”

And MSNBC reports - if the Protect Marriage group isn’t approved to defend Prop 8- the California courts may never have to reconsider the measure.

“But it would end the appeal it would mean the case would not be coming to the US Supreme Court, if on the other hand the California court takes it and says these folks can appeal then that keeps it alive for a while longer.

A blogger for the blog National Center for Lesbian Rights argues- since California officials already decided to drop the case-  Protect Marriage shouldn’t be allowed to jump in.

“...in several well-known cases, California’s elected officials have refused to defend voter-enacted initiatives on appeal.… In these cases, California officials were doing what the voters elected them to do — deciding whether these laws could and should continue to be defended on appeal after courts decided that they were unconstitutional.”

If Prop 8 gets through the appellate court- the case will probably make its way to the California Supreme Court- and then ultimately to the U.S. Supreme Court. A Wall Street Journal blogger says- well- at least the decision will be thorough.

“But at least in regard to the litigation surrounding Proposition 8, you can be sure that when the dust settles, it’ll have been given a good hard look by not one, not two, but possibly dozens of judges.”

The California Supreme Court says it will hear oral arguments in September about whether Protect Marriage can defend the Prop 8 decision.

 

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Transcript by Newsy

Politics News

Prop. 8 on 'Slow Track' to California Supreme Court

February 17, 2011
(2:30)
The Prop 8 saga continues, with the measure stuck in the appellate court. But a decision by the California Supreme court might get it moving again.
   
TRANSCRIPT

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