Groups Argue that Proposition 8 Sponsors Do Not Speak for the State. The National Center for Lesbian Rights, Equality California, and Lambda Legal filed a friend-of-the court brief with the California Supreme Court arguing that the proponents of Proposition 8 have no power to override the decision of elected state officials about whether to appeal a federal court decision that Prop 8 is unconstitutional.

The brief explains that initiative proponents are unelected and have no right to act as representatives of the state. It also explains that regardless of how the California Supreme Court rules, the supporters of Proposition 8 have no “standing” to pursue an appeal in federal court because they are not harmed by allowing same-sex couples to marry and because their interests were limited to having the measure put to a vote.

“California law does not permit the unelected proponents of a constitutional initiative to step into the state’s shoes when elected officials appropriately decide not to appeal a decision striking down an unconstitutional measure,” said Equality California Interim Executive Director Jim Carroll. “We are hopeful that the appeal will soon be dismissed, restoring marriage equality as soon as possible, and that same-sex couples and their families will once again be able to enjoy equality and dignity under the law.”

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