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California Supreme Court to hear key gay marriage arguments

September 06, 2011|The Los Angeles Times

The California Supreme Court will hear arguments Tuesday on whether conservatives who sponsored Proposition 8 are entitled to appeal last year's federal ruling that overturned the 2008 same-sex marriage ban.

The court's ruling, due 90 days after argument, will determine whether all initiative sponsors in California are legally entitled to defend their measures in state court when the governor and the attorney general refuse.

If the court rules against the initiative backers, then a federal appeals court is more likely to rule that ProtectMarriage.com, the sponsor of Proposition 8, also lacks standing under federal law and "Proposition 8 dies because no one will defend it," said Vikram Amar, UC Davis constitutional law professor.  L.A. NOW

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