Well, the 9th Circuit Court of Appeals has acted, but not to issue a ruling. Instead, the appellate court has asked the California Supreme Court to answer the question of whether, under California law, the Prop 8 supporters who defended the amendment in trial court and then appealed Judge Vaughn Walker’s ruling overturning Prop 8 actually have standing to appeal.

Groups who campaign for passage of Prop 8 are the ones who defended it in court and appealed Vaughn’s ruling. They took over defense after Attorney General Jerry Brown and Gov. Arnold Schwarzenegger refused to appeal Walker’s ruling.