Proposition 8 supporters have filed a case in court claiming that the vote of the people which passed the law should stand.
From what I’ve read, I believe that what they are basically saying is that since the Supreme Court failed to rule on Proposition 8 by tossing the whole case out, that the law itself stands.
When the Supreme Court refuses to review a lower court ruling, that means that the lower court ruling is allowed to stand. I believe that the lower court ruling in question overturned Prop 8. However, the Supreme Court took the Prop 8 case under consideration, and then tossed it out by saying that the law’s defendants did not have standing.
Does that mean that the entire case was thrown out of court and has no merit? I think that is what the opponents of Prop 8 are saying in the case they have filed.
It’s an interesting argument that, at least on its face, does seem to have merit.
I have no idea where this will go. The whole thing might wind its way back to the Supreme Court again. The basic point for now is that the proponents of traditional marriage are not rolling over. That, in itself, is very good news.