Appeals Court Will Hear Prop 8 Case

Written by FrumForum News on Monday August 16, 2010

Ben Smith reports for Politico that the Prop 8 case will proceed to the appellate courts:

The Ninth Circuit has stayed Judge Vaughn Walker's ruling in the high-profile Constitutional challenge to California's same-sex marriage ban.

The case is scheduled to be heard in early December. So hold the wedding bells.

There is some good news, though, for the same-sex plaintiffs: The court warned in its order that it's considering dismissing the appeal on the grounds that the appelants -- who don't include the Governor or Attorney General -- lack standing.

"In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing," says the order.

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