November 16, 2011

Opinion in Perry v. Brown to issue tomorrow

According to this notice, the Supreme Court will issue its decision in Perry v. Brown, S189476, the Prop 8 case, tomorrow at 10:00 a.m. This proceeding arises from the federal constitutional challenge to Proposition 8, which outlawed gay marriage in California. Pursuant to California Rules of Court, rule 8.548, the Court granted the Ninth Circuit’s request to answer the following question: “Whether under Article II, Section 8 of the California Constitution, or otherwise under California law, the official proponents of an initiative measure possess either a particularized interest in the initiative’s validity or the authority to assert the State’s interest in the initiative’s validity, which would enable them to defend the constitutionality of the initiative upon its adoption or appeal a judgment invalidating the initiative, when the public officials charged with that duty refuse to do so.”

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