Understanding “Standing” in the Proposition 8 California Same-Sex Marriage Appeal: Part One in a Series

Vikram David Amar and Alan Brownstein write at Findlaw: “In the space below, we begin to analyze some of the arguments supporting the idea that Proposition 8 sponsors should be recognized as having standing in federal court. In Part Two of this series, we will develop other arguments — beyond even those yet identified by the parties — that may call into question such standing. And in a later column, we will discuss the attempts by Imperial County (a California county whose electorate voted overwhelmingly in favor of Proposition 8) to intervene in the federal lawsuit (that is, to become a party when no one has named the county as a defendant) in order to defend the gay-marriage ban.”