A federal judge in San Francisco recently found that the ban on gay marriage was unconstitutional because it denied homosexuals equal treatment under the law and served no legitimate government purpose. A majority of Californians voted in favor of the ban so naturally many people were upset about the court's decision. Supporters of the ban vowed to appeal the decision and court watchers predicted the United States Supreme Court would make the final decision.
However, now it appears there may be no one qualified to file an appeal since whoever does so must demonstrate they will experience some loss from the lower court decision. Normally, the Office of the California State Attorney General will bring the appeal on behalf of the voters but in this case both Governor Arnold Schwarzenegger and Attorney General Jerry Brown believe the federal court decision finding the ban unconstitutional is valid and will not appeal. Meanwhile supporters of the ban may be unable to demonstrate that they have suffered any loss except in a very general sense which will probably not be enough. So, while Proposition 8 supporters were hoping for a show down in the U.S. Supreme court and confident of an outcome favorable to them given the conservative bent of that court, it appears now they may never get the chance.
Legal Updates by the Law Offices of William W. Bruzzo (714) 547-4636