Friday, June 28, 2013

The Supreme Court Rules There Is No One Left Standing To Appeal Prop. 8

My latest op-ed is up on Jurist, here

Here is the introduction:

In a 5-4 opinion written by Chief Justice John Roberts, the US Supreme Court has ruled that there is simply no one left standing to appeal California's infamous 2008 ballot initiative, Proposition 8. Prop 8, as the entire world now knows, amended the California State Constitution to define marriage as between a man and a woman to the exclusion of same-sex marriages.

In the much-anticipated case, Hollingsworth v. Perry, the Court avoided the larger, and more politically charged issue potentially presented by the case: whether the Equal Protection Clause of the Fourteenth Amendment prohibits California from defining marriage as between a man and a woman. This question raises the issues of whether gays and lesbians are members of a so-called "suspect class" and whether there is a "fundamental" right to marry.

Chief Justice Roberts ruled on narrower grounds, finding that proponents of ballot initiatives lack the "standing" under Article III, ¨ 2 of the Constitution. Standing, the Court reiterated, is necessary to appeal a case in federal court.

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