A legal group is lamenting that the last legal effort by proponents of Proposition 8 has been rejected by California's highest court.
The California Supreme Court rejected claims by Proposition 8 proponents and refused to revive the marriage law. The high court, in a closed session, rejected arguments that only an appellate court can overturn Proposition 8.
"It really ultimately then weakens our direct democratic process that gives voters the right to enact and create law. That is a dangerous thing,” says Robert Tyler, general counsel with Advocates For Faith and Freedom.
Prop 8 proponents argued one judge's injunction of the measure only applied to the judge's jurisdiction, not statewide. Lawyers for Prop 8 say retired Judge Vaughn Walker's injunction only applied to two counties and therefore claimed California officials illegally ordered all county clerks to issue marriage licenses.
Tyler said of the ruling: "I'm afraid that basically what's going to happen now is because of what has occurred here with the U.S. Supreme Court saying that an official proponent of an initiative lacks standing to protect the law that was passed by the voters, that now whatever regime is in control in Sacramento, that if they disagree with a voters initiative, they simply won't defend it."
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In a recent ruling, the U.S. Supreme Court said Proposition 8 proponents lacked legal standing to defend the initiative and left the fate of the marriage law in the hands of state officials.
Weeks after a U.S. Supreme Court ruling in their favor, Matt and Melanier Capobianco of South Carolina are still awaiting legal custody of their adopted child.