The U.S. Court of Appeals asked for
the clarification when Governor Jerry Brown and other state
officials refused to defend it.
Proposition 8 supporters cheered and
opponents weren't thrilled. But the justices made it clear
their ruling has nothing to do with same-sex marriage. Here's
what Chief Justice Tani Cantil-Sakauye wrote in the court's
unanimous ruling: "The resolution of this procedural question does
not turn on the substance of the particular initiative measure at
issue, but rather on the purpose and integrity of the initiative
process itself."
UC Irvine Professor Rick Hasen specializes in election
law. He says the opposite ruling would have undermined the
California initiative process.
Hasen: "That would essentially
give the Executive Branch a veto over initiatives that were
challenged in court. Because the Executive Branch could
simply decline to defend those which it didn't like."
So far, there's no date set for Prop 8 arguments in the Court
of Appeals.
