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Culhane: The latest legal issues couple rights Culhane By Culhane, Professor of Law, Widener University 8:00am UTC recent developments on the LGBT relationship front have sparked my interest. Let’s do a quick round-up: (1) On Tuesday, the California Supreme Court heard oral argument on a part of the Prop 8 appeal that only lawyers can -: whether the “official proponents” of this vile ballot measure have standing to appeal the state’s loss in the trial court. As you might (but probably don’t) re, the federal court of appeals for the Ninth Circuit, which is hearing the appeal, asked the California Supreme Court to weigh in with its opinion as to whether state law allows the proponents standing in this kind of case. Based on the questions asked during the argument, it seemed clear that the court’s going to hold that the proponents do indeed have standing. If the federal court agrees (as it’s likely to do), then we’ll get to the merits of the case. This could actually happen quite quickly, as judicial appeals go. State law requires the California court to issue its ruling within 90 days, and the Ninth Circuit could move quickly after that. So a ruling on both standing and the merits could come as as six months from now. Then there likely be appeals to the full court (for what’s ed an “en banc” hearing), and from there to…the Supreme Court. Setting aside the legal complexities of the standing issue, I have two observations: First, the proponents are having trouble establishing standing because they can’t show that they’ll be harmed in any way if Prop 8 is declared unconstitutional. This problem mirrors the broader issue with marriage equality: it’s only those of us fenced out of it who are harmed, not those who already have the right. FULL STORY:
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