“The practical impact of dismissing the Prop. 8 case is limited. It leaves the lower court ruling striking down Prop. 8 in place, applying statewide at best. However, the ruling may apply only to couples who directly challenged Prop. 8, or the counties in which they originally made those challenges. The lawyers who defended Prop. 8 said Wednesday that they are committed to seeing that Prop. 8 is enforced in the state.
“We are happy Prop. 8 remains the law of California,” Austin Nimocks, senior counsel with Alliance Defending Freedom, said outside of the court.”
“We have no authority to decide this case on the merits, and neither did the 9th Circuit,” Roberts said, referring to the federal appeals court that also struck down Proposition 8.
“in August 2010, Judge Vaughn Walker of the United States District Court for the Northern District of California ruled that Proposition 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. “
Walkers ruling still stands. It is the appeal to the 3-member appeal panel that is set aside. My guess is that a new and proper appeal will be filed. A county government has standing.
The Prop 8 case is arguably a non-story regarding the merits of gay marriage. It was a decision on standing.