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Calif court to answer question on marriage ban By The Associated Press 12:38pm EST (San -) California’s highest court decided Wednesday to back into the legal morass the state’s voter-approved marriage ban, agreeing to rule on a question of state law considered crucial to the survival of Proposition 8. The California Supreme Court accepted without comment a formal inquiry from a federal appeals court that’s mulling the constitutionality of the ban that was struck down in as a violation of Californians’ civil rights. The judge panel of the 9th. Circuit Court of Appeals said last month it can’t reach a decision until it knows if ballot proposition sponsors have legal standing to step in when the attorney general and governor refuse to defend voter-approved initiatives in court. The question is pivotal to the future of Proposition 8 because former Gov. Schwarzenegger and Gov. Brown in his previous role as attorney general both declined to appeal the decision to overturn Proposition 8. The measure’s sponsors, a coalition of religious and conservative groups ed Protect Marriage, are trying to fill that void. But the 9th Circuit said it is unclear if the coalition has authority to do so under either federal or state law. Without further guidance from the state court, the federal panel said it would have to dismiss the appeal and the ruling that Proposition 8 is unconstitutional would stand. Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California, said the state court did the proper thing by taking up the question. “As a matter of law, it’s right that you want to give these groups standing,” he said. “The attorney general and governor should have done their job and not put us into a constitutional bind.” Lawyers for the two couples who successfully sued to overturn the ban had urged the state Supreme Court to refuse the case, arguing the issue of who is eligible to bring an appeal in federal court is a matter of federal law. The. Supreme Court, in a non-binding decision, has cast doubt on the ability of initiative backers to appeal rulings.
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