Perry Supreme Court Decision: Westlaw Headnote Preview

June 26, 2013

Security guards walk the steps of the Supreme Court before Justice Elena Kagan's investiture ceremony in WashingtonHere is preview headnote from the Perry Supreme Court decision.

Official proponents of California’s Proposition 8, a voter-enacted ballot initiative amending state constitution to eliminate right of same-sex couples to marry, who intervened in lawsuit challenging constitutionality of measure when state officials responsible for enforcing Proposition refused to defend it, did not have Article III standing to appeal district court order declaring Proposition unconstitutional; despite proponents’ “special” and “unique” role in the initiative process prior to Proposition’s approval by voters, and despite California Supreme Court’s determination that proponents were authorized under California law to appear and assert state’s interest in validity of Proposition, proponents had no “direct stake” in the outcome of their appeal but, instead, sought only to vindicate the constitutional validity of a generally applicable California law.


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