The seven-member California State Supreme Court will hear arguments Sept. 6, on whether state law gives the anti-gay group which pushed for passage of Proposition 8, the voter approved state constitutional amendment banning gay marriage, the right to appeal a federal court decision declaring Prop 8 unconstitutional. And unlike the initial trial in Judge Vaughn Walker’s court, the Supreme Court hearing will be televised.
Court spokeswoman Lynn Holton said, “Because of public interest in the case, the court has approved a live statewide television broadcast of the arguments on the California Channel, a public affairs network.”
According to SF Appeal, should the sponsors succeed in their right to appeal, the case will go back to the 9th Circuit federal appeals court for review, a process that might take several months — just like everything else involving the court system.
However, the federal appeals court has said earlier this year that if the sponsors lack legal standing, the federal court will be required to dismiss the appeal.
The state high court has broadcast marriage equality-related arguments before, such as In re marriage Cases, was a California Supreme Court case with the dual holding that “statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny.”