California court seems torn over Prop 8 standing issue

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September 6, 2011

"Proponents of Proposition 8 argued Tuesday that Yes on 8 must be granted standing to defend the California same-sex marriage ban in federal court to protect the power of the people to amend their constitution; opponents argued Yes on 8 must be denied standing in order to protect the power of the people to elected state officers, in accordance with the state constitution.

"The seven-member California Supreme Court seemed troubled, in much the same way a federal appeals panel was troubled last January, to decide which power should prevail. And some LGBT activists were troubled by that.

..."Jon Davidson, legal director for Lambda Legal Defense, said his group hopes the court 'will ultimately decide that small groups of unelected individuals who are answerable to no one should not be able to act on behalf of the state.'"

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