Post from April, 2013

Gay Marriage & Standing

Wednesday, 17. April 2013 13:57

As we discussed in class, standing (or standing to sue) means that the people who have brought the case are the ‘right’ people (parties with an actionable dispute) and are in the ‘right’ jurisdiction. A key issue in the California Prop 8 (which defined marriage as beetween a man and a woman in the California Constitution) is whether those who brought the suit have standing. They are not the state (CA abandoned defending Prop 8 in the early stages of the case) and thus the Court could “punt” on this issue by ruling on standing rather than on the substantive issue of whether gay marriage is protected by the US Constitution. A roundup of the Gay Marriage case (Prop 8) and the issue of standing:

Could Standing Stand in the Way of the Gay Marriage Decision?

Justices Flirt with Throwing Out Prop 8 Case

What’s Standing in the Way of Gay Marriage?

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