Prop. 8 supporters have standing in California court, but what about federal?

It was big, ” title=”LA Times”>LA Times editorial explained the consequences of the holding this way:

The California Supreme Court’s ruling on standing means the same-sex marriage initiative will be adjudicated on its merits. It should once again be found unconstitutional.

But that is not correct. The U.S. Ninth Circuit Court of Appeals, to which the group ProtectMarriage appealed an earlier ruling invalidating the law, had certified the question of standing to the California Supreme Court. They wanted to know whether Prop. 8 supporters would have standing to defend Prop. 8 in state court. But the state courts are not bound by Article III of the U.S. Constitution and, even if they were, the California Supreme Court cannot give a binding ruling on federal law to a federal court.

The decision yesterday was merely instructive of how California courts would treat such an appeal. That is important information, but it doesn’t mean that Prop. 8 will definitely be “adjudicated on its merits.” The Ninth Circuit still needs to determine whether ProtectMarriage has standing in federal court.

However, in this case it seems likely that the Ninth Circuit will proceed onto the merits. As