In a unanimous decision issued Nov. 17, the California Supreme Court ruled that the faith-based groups that sponsored Proposition 8, the state’s 2008 voter-approved ban on same-sex marriage, have the right to appeal a federal judge’s 2010 ruling it is unconstitutional, reports George Raine of Catholic San Francisco.
“Catholics are among the backers of Prop. 8 who appealed to the 9th U.S. Circuit Court of Appeal the ruling that it discriminates on the basis of sexual orientation and gender,” Raine writes. “As the circuit court took up the issue, its judges needed to resolve a question: Do the backers of the proposition have the legal right to defend it in court when two elected officials, the former governor and the former attorney general, refused to do so?”
The Nov. 17 decision, Raine continues, ”was a victory for ProtectMarriage.com, the proponent in the case, and it allows the 9th Circuit now to resolve the critical question in the case – whether or not Prop. 8 is constitutional – although it is expected the U.S. Supreme Court will have the final word.”
Andy Pugno, general counsel of ProtectMarriage.com., told Raine: “(The) decision is a critical step in our three-year battle to uphold marriage between a man and a woman.”