Last month, the Ninth Circuit Circuit of Appeals in San Francisco heard arguments on the constitutionality of California's Proposition 8, the 2008 ballot measure that banned same-sex marriage in that state.
Now the case is hung up on a technicality.
Yesterday, according to the San Francisco Chronicle, the circuit court "asked the state Supreme Court ... to answer a legal question that may determine the outcome of the case - whether a ballot measure's sponsors can defend it in court when state officials refuse to do so."
You see, the State of California chose not to appeal the lower court's ruling that Prop 8 - a state law - was unconstitutional. So Prop 8's fate, at least at this court level, may likely rest on whether or not the bigots who supported it (i.e., a religious coalition called Protect Marriage) have the legal standing to defend it in the higher court despite the state's refusal to do so.
Per the Chronicle, "The state court now must decide whether to answer the question and has no deadline for doing so."
Stay tuned, with fingers crossed for equality.
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