11.18.11-San Francisco, CA. The California Supreme Court issued a decision yesterday holding that the sponsors of Proposition 8 are permitted under California law to represent the State in appealing the federal district court's decision in Perry v. Brown striking down Prop 8, even though California's Attorney General and Governor have both declined to do so.
Yesterday's ruling comes in response to a request from the Ninth Circuit Court of Appeals that the California Supreme Court issue an advisory opinion on whether the Prop 8 proponents have the authority to represent the interests of the State of California in the Perry v. Brown challenge to Prop 8. After yesterday's decision, the case will go back to the Ninth Circuit to decide whether, in light of the ruling by the California Supreme Court, federal law allows the Prop 8 proponents to represent the State. If the Ninth Circuit rules in the affirmative, the Ninth Circuit will go on to decide whether to uphold the district court's decision striking down the proposition as unconstitutional.
BALIF, as the nation's oldest and largest bar association of lesbians, gay men, bisexuals, and transgender persons in the field of law, is disappointed with the California Supreme Court's decision permitting the initiative proponents - as opposed to the State's governor and Attorney General, both of whom recognize that Proposition 8 violates the federal Constitution - the authority to represent the interests of the State of California. However, we are hopeful that the Ninth Circuit will move forward expeditiously to affirm Judge Walker's finding that Proposition 8 is unconstitutional and to insure that same-sex couples in California are treated equally and fairly under the law and are no longer denied their basic rights.
Founded in 1980, BALIF represents its members' interests in the wider San Francisco Bay Area. BALIF members and supporters include San Francisco Bay Area judges, lawyers, law students and legal workers. For more information on BALIF, please visit: www.balif.org.
