California Supreme Court Makes Decision Regarding Prop 8: Wait Some More

Today there was a long-awaited and tense announcement from the California Supreme Court regarding the issue of standing in the Prop 8 Trial. As you may recall, the California Supreme Court had been asked to decide whether the appellants of the original Prop 8 decision – the people who support Prop 8 – had legal standing to appeal Judge Walker’s ruling. The question was whether the consequences of the decision affected the Yes on 8 side concretely enough that they could legitimately appeal the ruling. The court has not come to a decision on that, but today they did definitively announce that they will take up the question. Their exact words:

The request, pursuant to California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit, is granted. For the purposes of briefing and oral argument, defendant-intervenors Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Mark A. Jansson, and (collectively “Proponents”) are deemed the petitioners in this court. (Cal. Rules of Court, rule 8.520(a)(6).) In order to facilitate expedited consideration and resolution of the issues presented, and to accommodate oral argument in this matter as early as September, 2011, the normal briefing schedule is shortened, pursuant to California Rules of Court, rule 8.68, as follows: The opening brief on the merits is to be served and filed on or before Monday, March 14, 2011. The answer brief on the merits is to be served and filed on or before Monday, April 4. A reply brief may be served and filed on or before Monday, April 18. Any person or entity wishing to file an amicus curiae brief must file an application for permission to file such brief, accompanied by the proposed brief, on or before Monday, May 2, 2011. Any party may serve and file an omnibus reply to any or all amicus curiae briefs on or before Monday, May 9, 2011. The court does not contemplate any extension of the above deadlines. Votes: Cantil-Sakauye, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.

The full text of the ruling can be found here.

It’s a little bit frustrating; for all of us, but especially for those who are waiting anxiously to have their relationships legally affirmed. With every new development, we are hoping it will be the final one, that the question of whether our families are real will finally cease to be up for debate. That didn’t happen today. But that doesn’t mean it won’t. This appeal could potentially end here if the state Supreme Court decides there is no standing; on the other hand, it could go as far as the Supreme Court of the entire United States. Until then, we’ll be waiting and hoping, and ready to fight for our rights if waiting doesn’t give us what we need.

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Originally from Boston, MA, Rachel now lives in the Midwest. Topics dear to her heart include bisexuality, The X-Files and tacos. Her favorite Ciara video is probably "Ride," but if you're only going to watch one, she recommends "Like A Boy." You can follow her on twitter and instagram.

Rachel has written 1142 articles for us.


  1. I got halfway through the title of the article, and then started to hyperventilate. Then that excitement died when I saw the words “wait some more”. Must now go, breathe deeply, eat a cookie, and reaffirm the fact that this world will someday hopefully be less crazy than it is right now.

  2. Pingback: California high court to rule on key Prop. 8 issue – San Francisco Chronicle — Woodworking Shed Projects

  3. Thanks, as always, Rachel.

    I don’t even know what to say about this. The entire process is ridiculous and frustrating.

  4. Just gotta keep on fighting! Equality is going to happen, and when it does, the world will understand true happiness.

  5. As much as it sucks it could actually be a good thing if it makes it all the way to the national supreme court, and they are like bitches prop8 is dumb. That would/could help out the rest of the union. you know make it legal/constitutional for gays to marry. I would love if they were like Ohio and all other states who changed your states constitutions to redefine marriage, you are wrong.

  6. American politics are so frustrating sometimes! Why is it so hard for anything to change? I live in Canada and we have been getting gay married for a loooonnnnggg time, and even though I live in “The Texas of Canada” no one really gives that much of a fuck.

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