CA High Court Says Initiative Sponsors Have Right to Defend Laws

Thu, Nov 17 2011 by Paul Jacob

In an important decision for initiative rights, the California Supreme Court today unanimously told the federal Ninth Circuit Court of Appeals that the proponents of initiatives in California have a legal right to defend their voter-enacted measures against legal challenges:

…the justices sided with Proposition 8 sponsors, who’ve argued they should be able to appeal a federal judge’s decision last year striking down the same-sex marriage ban because the governor and attorney general have refused to defend the voter-approved law. The state Supreme Court overwhelmingly agreed that Proposition 8 backers can go it alone in trying to preserve the gay marriage ban.