In November 2011, the California Supreme Court decided that ProtectMarriage, the conservative coalition that sponsored Proposition 8, had standing to defend the ballot initiative in the federal appellate process.
The answer wasn’t obvious to the Ninth Circuit Court of Appeals — which had certified the standing question to the state court — but Chief Justice Tani Cantil-Sakauye and the gang concluded that individual citizens have the right to defend ballot initiatives when public officials refuse to do so.
Maybe SCOTUS thinks the Supreme Court of California got it wrong. Maybe the Justices are just using standing as an excuse to avoid the greater issue of marriage equality. The only thing that is certain is that standing isn’t certain in the Hollingsworth v. Perry.






