You are here: Home » Featured » CA Supreme Court Schedules Prop 8 Hearing Date

CA Supreme Court Schedules Prop 8 Hearing Date

29 July 2011
by Bridgette P. LaVictoire

The delay in the case Perry v. Brown may be over shortly. The Supreme Court of California has scheduled arguments to be heard as to whether or not state law gives proponents of initiatives standing to defend their initiatives when they are challenged in court. The question was sent to them by the US Court of Appeals for the Ninth Circuit. Judge Vaughn Walker allowed the proponents of Prop 8 to defend the amendment in court by his own will. Both current Governor and then Attorney General Jerry Brown and then Governor and current actor Arnold Schwartzenager declined to defend the law in court.

Should it be ruled that they do not have standing, it is possible that this could mark the end of all laws which ban lesbians and gays from getting married.

Chad Griffin, co-founder and Board President of the American Foundation for Equal Rights or AFER, stated “I am very pleased that the Supreme Court of California calendared our case for the first day of their fall session. The governor and attorney general of California – and the United States District Court – all have found Proposition 8 unconstitutional. I am confident that the California Supreme Court will swiftly reach a decision on this question, and that this nation is now one step closer to seeing the dark walls of discrimination finally crumble.”

The CA Supreme Court will hear oral arguments on the matter at 10am on 6 September 2011.

It is unclear how far up the chain Judge Walker’s ruling will go, or how far the impact will be.