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Prop 8: Cali. Supreme Court to hear arguments on standing

The California Supreme Court will weigh into the Proposition 8 battle after a three judge panel from the 9th U.S. Circuit Court said it could not rule on the on-going case until it knew whether or not the law's backers had the legal standing to defend the law in court.

A Tweet sent by American Foundation for Equal Rights late this afternoon read: “Calif. Supreme Court to hear #Prop8 case with expedited schedule. Oral arguments as soon as Sept 2011."

Supporters of the marriage ban were challenging a lower court's ruling that struck down the law last August as unconstitutional because it violated equal protection guarantees. State officials, including then Gov. Arnold Schwarzenegger and former Attorney General Jerry Brown, refused to appeal Judge Vaughn Walker's ruling. A supporters group appealed the ruling after the state refused to do so.

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Federal judges send Prop 8 back to Calif. Supreme Court

A three-judge panel from the 9th U.S. Circuit Court of Appeals announced today that the federal court will not determine the constitutionality of California’s ban on same-sex marriage, Proposition 8, before the court knows whether or not the law’s backers have the legal right to defend the ban.

According to the Associated Press:

In a brief order filed Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals asked the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-approved measures in court when state officials refuse to do so.

Former Gov. Arnold Schwarzenegger and former Attorney General Jerry Brown refused to appeal a lower court’s ruling that Prop 8 violated the civil rights of LGBT Californians. Backers of the ban stepped in to defend the district court's ruling before the 9th Circuit, who will now defer the issue to the state's Supreme Court.