Prop 8 still California Law!

Sure the Supreme Court found the only people with standing in the prop 8 case were the governor and attorney general of California and since they weren’t the ones bringing forth the case, their was no standing and also no ruling.  They even tossed the ruling of the lower court, the ninth circuit, out because they had no standing either in their ruling.

The ninth circuit was the appellate court that found the constitutional amendment to be unconstitutional, so by throwing out that ruling prop 8 is still California law.  California’s own constitution is very clear on this.  In article three, section 3.5

CALIFORNIA CONSTITUTION
ARTICLE 3  STATE OF CALIFORNIA

SEC. 3.5.  An administrative agency, including an administrative
agency created by the Constitution or an initiative statute, has no
power:
   (a) To declare a statute unenforceable, or refuse to enforce a
statute, on the basis of it being unconstitutional unless an
appellate court has made a determination that such statute is
unconstitutional;
   (b) To declare a statute unconstitutional;
   (c) To declare a statute unenforceable, or to refuse to enforce a
statute on the basis that federal law or federal regulations prohibit
the enforcement of such statute unless an appellate court has made a
determination that the enforcement of such statute is prohibited by
federal law or federal regulations.

Soak that in real quick, yup.  There is no appellate court decision anymore. The trial judge who first found prop 8 unconstitutional was Vaughn Walker all the way back in 2010.  He is a U.S. District Court judge, which is not an appellate court, oops.  That makes the prop still binding under their own constitutional rules.  It begs the question when exactly some smart California lawyer is going to figure this out, and the wave of outrage when the gay lobby realized all the supreme court did was strip the whole thing down to the nuts and bolts and ship back the frame.  Litigation will follow, or California will just ignore their own constitution, and then someone with standing will sue them over it, creating some other set of litigation to wade through for four or five years.