Today the U.S. Supreme Court, 5-4, punted on California’s Proposition 8 which repealed gay marriage in that state:
HOLLINGSWORTH ET AL. v. PERRY ET AL. [pdf]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 12-144. Argued March 26, 2013-Decided June 26, 2013
….We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.
Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.
It is so ordered.
This ruling effectively restores gay marriage in California, the Supreme Court ruling that the people who brought the case to overturn the overturning (think about that for a second) do not have standing to bring the case to the court.