Prop. 8 legal battle has implications for all ballot measures

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January 9, 2011


"The legal battle over same-sex marriage in California pivoted back last week to the state Supreme Court to answer a legal question that will affect not only gays and lesbians who want to marry.

"The 9th U.S. Circuit Court of Appeals issued an order Tuesday asking the state high court to decide if state law allows proponents of a proposition to defend it in court when state officials refuse that role.

"...Jennifer Pizer, a lawyer with the gay and lesbian rights advocacy group Lambda Legal, said she hopes the court takes up the matter because state law is unclear and because 'so much lawmaking is done by popular vote at the ballot box.'

"Pizer added that the group does not believe state law allows proponents a seat in court battles."