The United States Court of Appeals for the Ninth Circuit has declared that one of two groups attempting to overturn Judge Vaughn Walker’s ruling that California’s Proposition 8 is unconstitutional has no standing in the case. The court, however, remanded the decision of the other opponent to the state’s supreme court.
Walker determined in Perry v. Schwarzenegger that the ballot measure banning gay marriage in the state is unconstitutional. The state’s attorney general chose not to appeal the ruling.
Imperial County, Calif. and ballot-measure sponsor organization,Yes on 8, appealed. The court today announced that Imperial County lacks standing in the case, but asked the California State Supreme Court to determine if Yes on 8 does.