The legal battle over California's Proposition 8 will resume in September as the state's high court will take up the issue over whether supporters of a ballot initiative have the authority to fight court rulings if the state's governor and attorney general refuse to do so, according to the Associated Press.
The court will hear arguments on Sept. 6.
U.S. District Chief Judge Vaughn R. Walker ruled in August 2010 that the state's ban on same-sex marriage was unconstitutional. Then-Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge Walker's ruling.
Jerry Brown is now the governor of California.
A 9th Circuit U.S. Court of Appeals panel surprised many Proposition 8 observers Jan. 4 when it suddenly issued five documents relating to the case.
But there was no decision in Perry v. Schwarzenegger, the landmark case testing whether voters in California violated the U.S. Constitution when they amended the state constitution to ban marriage licenses for same-sex couples.
The bottom line of the documents was that the three-judge panel that heard arguments in an appeal of the case punted a critical question regarding legal standing to the California Supreme Court.