Prop 8 plaintiffs. Photo: KQED

Without comment, the State Supreme Court is rejecting a request by attorneys fighting Prop. 8 to speed up its timeline for deciding a key legal question.


When the Supreme Court agreed last month to answer the 9th Circuit Court of Appeals question of whether state law gives sponsors of ballot measures the legal authority to defend an initiative when no one else will, it was clear the legal fate of Prop. 8 would be delayed by 10 months or more. So attorneys representing the two same-sex couples fighting Prop. 8 asked the Supreme Court to move up its schedule for briefing and oral arguments, which will not be held before September.

Tuesday the Supreme Court denied that request.

Combined with yesterday’s suggestion by A.G. Kamala Harris that the 9th Circuit lift its stay on Judge Walker’s ruling (a completely different issue), the efforts represent a push by supporters of same-sex marriage to open the door to marriage more quickly. It seems unlikely any of these efforts will be successful, since few if any of the judges involved want this case expedited.

Indeed, it’s not inconceivable that Prop. 8 will be reversed by California voters before it ever reaches the U.S. Supreme Court — an outcome that would no doubt disappoint attorneys David Boies and Ted Olson but avoid a possible loss at the Supreme Court level.

That said, it might be hard to raise funds for a new ballot measure while the case is still pending. In other words, relax — it’s going to be a while before this thing is settled.

California Supreme Court Won’t Speed Up Timeline For Prop 8 Case 12 March,2013Scott Shafer


Scott Shafer

Scott Shafer migrated to KQED in 1998 after extended stints in politics and government to host The California¬† Report. Now he covers those things and more as senior editor for KQED’s Politics and Government Desk. When he’s not asking questions you’ll often find him in a pool playing water polo. Find him on Twitter @scottshafer

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