Cal Sup Ct Rules 7-0 Initiative Proponents Have Standing

The long-awaited decision by the California Supreme Court on the question of whether initiative proponents have the right to defend their measures in court when elected officials like the Governor and Attorney General refuse to defend them was released today.

The Court ruled unanimously that initiative proponents do have standing under state law to defend their ballot initiatives.

As usual, Chris Geidner of Metro Weekly has the best analysis:

The California Supreme Court, in an opinion written by Chief Justice Tani Cantil-Sakauye, was very clear about its answer: 

[W]e respond to the question posed by the Ninth Circuit in the affirmative. In a postelection challenge to a voter-approved initiative measure, the official proponents of the initiative are authorized under California law to appear and assert the state's interest in the initiative's validity and to appeal a judgment invalidating the measure when the public officials who ordinarily defend the measure or appeal such a judgment decline to do so. 

The decision came about resulting from a request by the Ninth Circuit in the ongoing challenge to Proposition 8 brought by the American Foundation for Equal Rights. The case, in which the trial court judge struck down Proposition 8 as unconstitutional in August 2010, is on appeal before the Ninth Circuit. The Ninth Circuit appeals court sought to have the California Supreme Court assist it with the case by answering these questions about state law through the process of asking a certified question. The California Supreme Court accepted the invitation to answer the certified question and heard oral arguments on the question on Sept. 6.

As the California Supreme Court found the proponents to have a "particularized interest" and "the authority to assert the State's interest," the Ninth Circuit now is likely to find that the proponents do have standing under federal law to bring the appeal -- although the court need not do so. At that point, the appeal of the Perry trial court decision -- the "merits" decision from the trial court that Proposition 8 is unconstitutional -- could go forward.

It's unfortunate that the Court opened up the can of worms to allow all initiative proponents to defend their statutes under state law. Considering how many ballot measures we have in California, this is an incredibly important decision.

That being said, it is very exciting that now we basically must get a ruling from the 9th U.S. Circuit Court of Appeals in the Perry v. Brown case which will give us a federal appellate court level ruling on the question of marriage equality.

WATCH: Prop 8 Oral Arguments in CA Sup Ct

There is also excellent analysis of yesterday's California Supreme Court oral arguments (featuring newly minted Justice Goodwin Liu) available at TowleRoad.

Goodwin Liu Likely To Join CA Sup Ct For Perry

2008's Proposition 8 is in court twice in the next two weeks. Last Monday, oral arguments were heard about whether the extant video tapes of testimony in the Perry v. Schwarzenegger case should be released to the public. The judge, federal district court judge James Ware announced afterwards that he would not "delay very long" in issuing a ruling. Which the heterosexual supremacists will almost certainly appeal anyway.

Next Tuesday, September 6 oral arguments will be held before the California Supreme Court in a very important case which will determine who exactly has "judicial standing" under California law to defend a voter-approved initiative (like Proposition 8) when the executive branch officers (Governor and Attorney General) have declined to do so.

Happily, Governor Brown recently nominated marriage-equality supporting University of California, Berkeley law professor Goodwin Liu to the California Supreme Court. It looks very likely that Professor Liu will join the court before Tuesday and participate in the oral arguments in the Perry v Brown case. There is no Republican neanderthal filibuster to prevent Liu from joining this court, unlike his unsuccessful path to the Ninth U.S. Circuit Court of Appeals. Instead he just needs to get the approval of the 3-member Commission on Judicial Appointments, and then he will be up for election for a 12-year term at the next statewide general election.