Posted by:
MCR
(
)
Date: June 26, 2013 01:45PM
This is not exactly what the Court said. The Mormon Church is wrong. It is true that the Prop 8 case was thrown out on standing grounds because the State of California refused to defend it, and the Supreme Court said general citizens didn't have standing; but this isn't exactly what happened.
The couple that wanted to get married but couldn't due to Prop 8 (remember, before Prop 8, same-sex marriage was legal in California), clearly had standing to sue the State of California in federal district court, demanding the State issue them a marriage license. The State of California, who had refused to issue the license due to Prop 8, was hailed into Court and defended it's refusal to issue the license. Both parties clearly had standing before the lowest court, the trial court. It's what happened next that's at issue.
The State of California lost at the trial level, and the State said, "Okay, fair enough. We're done." The State did not refuse to defend, it couldn't refuse. It refused to appeal its loss. Appealing a decision is within the discretion of a State. The Prop 8 supporters, though, weren't satisfied, so THEY brought the appeal. The appellate court asked the State of California if, under California law, the defenders had standing to appeal in the place of California. The State of California, through its supreme court, said, yes, they do. The appellate court said, okay; then heard the case and ruled against Prop 8.
The federal Supreme Court said, the State Supreme Court of California hasn't got authority over standing before the federal Supreme Court; and we say, no standing.
Therefore, it's disingenuous to say California did not defend it's duly passed constitutional amendment. It did defend it, at the trial level, where it's obligated to defend; and it lost. Fair and square. The State discharged it's obligation. It didn't want to go on litigating, and it's not obligated to.
The State of California didn't abandon its citizens. But, when has the Mormon Church ever played fast and loose with the facts?