The California Supreme Court announced that it will issue a written opinion tomorrow morning in the standing case over Proposition 8, which sought to define marriage in this state as being between a man and a woman.
The court is scheduled to release the opinion at 10 a.m. in the case Perry v. Brown, according to a statement today from the Judicial Council of California. It will be available on the California Courts website at: www.courtinfo.ca.gov/cgi-bin/opinions.cgi
At issue is whether supporters of Prop 8 have the legal standing to appeal a federal judge’s ruling last year – which overturned the ban on same-sex marriage – when the governor and attorney general decline to do so.
The court is expected to issue an opinion which addresses only the question of standing.
Lawyers for each side delivered arguments regarding standing before the Supreme Court on Sept. 6 in San Francisco. In usual practice, the court will not answer questions about the opinion, according to the statement.
Chief U.S. District Judge Vaughn Walker declared Prop 8 unconstitutional in August 2010. Gov. Arnold Schwarzenegger and Attorney General Jerry Brown, the governor-elect, both refused to challenge Walker’s ruling.
A coalition of religious and conservative groups filed an appeal in the 9th U.S. Circuit Court of Appeals, which is awaiting the Supreme Court’s decision.