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BREAKING: Prop 8 proponents did not have standing to defend law, Supreme Court rules

Marriage equality Marriage Equality Trials Prop 8 trial Supreme Court

By Jacob Combs, Scottie Thomaston and Adam Bink

The big news continues: The Supreme Court has ruled that the official ballot proponents of Prop 8 did not have standing to defend the law in Court.  That means the Court did not rule on the law’s constitutionality, and instead sent the case back to the Ninth Circuit to dismiss the appeal for lack of standing.  District Court judge Vaughn Walker’s ruling will thus be the final say in the Perry case.

Here’s the money quote from the opinion in Hollingsworth v. Perry:

We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.

Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.

And again, from Kathleen, a Scribd embed of the opinion:

[scribd id=149959833 key=key-kjpsr6uukuusq8708ml mode=scroll]

This is a breaking news post.  For further updates and reactions, follow us on our Supreme Court decision day liveblog.


  • 1. Day 72: Rights and Right &hellip  |  June 26, 2013 at 9:31 am

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  • 4. Equality On TrialThe Prop&hellip  |  January 15, 2014 at 8:44 am

    […] June 26, 2013, the U.S. Supreme Court ruled that the proponents of Proposition 8 had no standing to appeal the initial district court ruling […]

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