Prop 8 Gets Its Day in Court

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

Last year, Judge Vaughn Walker ruled that Proposition 8, a California initiative banning same-sex marriage, was unconstitutional. The initiative’s backers wanted to appeal the decision, but neither California’s governor nor its attorney general was willing to defend it. With no one to defend it, Walker’s ruling would have stood by default and same-sex marriage would have been legal in California.

Yesterday, the California Supreme Court ruled unanimously that Prop 8’s backers could defend the initiative if the state wouldn’t:

Thursday’s unanimous decision, written by Chief Justice Tani Cantil-Sakauye, strongly affirmed that ballot sponsors may represent California in defending initiatives when elected officials fail to do so….”Neither the Governor, the Attorney General, nor any other executive or legislative official has the authority to veto or invalidate an initiative measure that has been approved by the voters,” Cantil-Sakauye wrote for the court.

Legal scholars said the state high court’s decision was so adamant that the U.S. Supreme Court, which could decide marriage rights as early as 2013, was unlikely to limit its ruling to the narrow and technical issue of “standing,” a legal term for the right to go to court.

It feels more than usually loathsome to take sides with the Prop 8 folks here, but this is a good decision. It would be a travesty if a successful ballot measure could be overturned by a single district court judge and then, by virtue of a procedural formality, stay overturned simply because state officials declined to defend one of their own laws. If the tables were turned, I’d be blisteringly outraged by shenanigans like this.

Like it or not, Prop 8 was passed legally and properly. If it’s overturned, it should be overturned on its merits — as Walker’s decision did — not thanks to a legal technicality. I hope they lose, but Prop 8’s backers deserve their day in court.

A BETTER WAY TO DO THIS?

We have an ambitious $350,000 online fundraising goal this month and we can't afford to come up short. But when a reader recently asked how being a nonprofit makes Mother Jones different from other news organizations, we realized we needed to lay this out better: Because "in absolutely every way" is essentially the answer.

So we tried to explain why your year-end donations are so essential, and we'd like your help refining our pitch about what make Mother Jones valuable and worth reading to you.

We'd also like your support of our journalism with a year-end donation if you can right now—all online gifts will be doubled until we hit our $350,000 goal thanks to an incredibly generous donor's matching gift pledge.

payment methods

A BETTER WAY TO DO THIS?

We have an ambitious $350,000 online fundraising goal this month and we can't afford to come up short. But when a reader recently asked how being a nonprofit makes Mother Jones different from other news organizations, we realized we needed to lay this out better: Because "in absolutely every way" is essentially the answer.

So we tried to explain why your year-end donations are so essential, and we'd like your help refining our pitch about what make Mother Jones valuable and worth reading to you.

We'd also like your support of our journalism with a year-end donation if you can right now—all online gifts will be doubled until we hit our $350,000 goal thanks to an incredibly generous donor's matching gift pledge.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate