California Supreme Court Gives Huge Boost to Backers of Proposition 8

And the Court's ruling not only back-slapped the gay rights extremists, but Govenor Brown and Attorney General Harris as well.

At Los Angeles Times, "Backers win right to fight for Prop. 8":

Reporting from San Francisco -- The California Supreme Court ruled that the sponsors of Proposition 8 have the right to defend the measure, clearing the way for federal courts to decide the constitutionality of same-sex marriage bans.

Thursday's unanimous decision, written by Chief Justice Tani Cantil-Sakauye, strongly affirmed that ballot sponsors may represent California in defending initiatives when elected officials fail to do so. Gov. Jerry Brown and Atty. Gen. Kamala D. Harris have refused to challenge last year's federal ruling against Proposition 8.

"Neither the Governor, the Attorney General, nor any other executive or legislative official has the authority to veto or invalidate an initiative measure that has been approved by the voters," Cantil-Sakauye wrote for the court.

Legal scholars said the state high court's decision was so adamant that the U.S. Supreme Court, which could decide marriage rights as early as 2013, was unlikely to limit its ruling to the narrow and technical issue of "standing," a legal term for the right to go to court.

"It's a gangbusters opinion," said Santa Clara University law professor Gerald Uelmen, an expert on the state high court.