Almalieque wrote:
catwho wrote:
Here's something interesting:
A legal wonk has pointed out that because the lawsuit was brought against the state of CA, but the state itself declined to defend it, an intermediary third party opted to defend on behalf of the state (with the state's permission, but not blessing. Sort of an, "okay *shrug*, it's your money.") In case law, it has been previously determined that while a third party is more than welcome to defend on behalf of the state, they may not necessarily have the authority to appeal on behalf of the state. Since the state of CA has little interest in the appeal - both the governor and the AG are against it - then it's quite possible that the appeal of the ruling won't even be legally valid, and Prop 8 proponents will have to start a completely new lawsuit against the state for permitting the marriages.
A legal wonk has pointed out that because the lawsuit was brought against the state of CA, but the state itself declined to defend it, an intermediary third party opted to defend on behalf of the state (with the state's permission, but not blessing. Sort of an, "okay *shrug*, it's your money.") In case law, it has been previously determined that while a third party is more than welcome to defend on behalf of the state, they may not necessarily have the authority to appeal on behalf of the state. Since the state of CA has little interest in the appeal - both the governor and the AG are against it - then it's quite possible that the appeal of the ruling won't even be legally valid, and Prop 8 proponents will have to start a completely new lawsuit against the state for permitting the marriages.
Does that mean everything will go back to normal? Or am I reading this wrong?
I think it means that if they want to make gay marriage illegal again, that they'd have to bring a lawsuit against the state.
Of course... who knows if it's true or not.