Jun 262013
 

Prop 8 appeal denied because of “lack of standing” of petitioners. From TalkingPointsMemo.com:

In a 5-4 decision written by Chief Justice John Roberts, the Court dismissed California’s Proposition 8 because the petitioners lacked standing, or the right to participate in the case. That means a lower court ruling that overturned the ban remains in effect. The outcome means other states remain free to allow or prohibit gay marriage, leaving intact the bans on gay marriage in dozens of states.

“Petitioners have no role — special or otherwise — in its enforcement. They therefore have no ‘personal stake’ in defending its enforcement that is distinguishable from the general interest of every California citizen,” Roberts wrote for the Court. “No matter how deeply committed petitioners may be to upholding Proposition 8, that is not a particularized interest sufficient to create a case or controversy under Article III.”

Roberts’ opinion was joined by Justices Antonin Scalia, Ruth Bader Ginsburg, Stephen Breyer and Elena Kegan — a mix of conservatives and liberals.