Assoc. Dean Amar Comments on Prop. 8 Stay for NPR, KQED, Bee
Associate Dean Vikram Amar commented for media including National Public Radio, KQED, and the Sacramento Bee on legal issues surrounding court challenges to Proposition 8, the California initiative that banned same-sex marriage in the state. The measure was struck down by a federal judge on August 4, but last week the Ninth U.S. Circuit Court of Appeals issued a stay that put same-sex marriage on hold until at least December while appeals are pending.
In an interview broadcast on KQED's Forum with Michael Krasny, Associate Dean Amar said the stay was a "sensible decision," given the possibility that the proposition could be overturned on appeal, which would put marriages conducted in the interim in "a kind of limbo."
He also commented for media on issues related to the standing of Prop. 8 backers with regard to an appeal. In the federal court ruling, Chief U.S. District Judge Vaughn Walker wrote that since proponents of the measure would not be directly affected by a lifting of the ban, they lacked standing to file an appeal. Since California's Governor and Attorney General have declined to file on behalf of the state, the fate of Prop. 8 may depend on Imperial County, which has appealed, but it remains unclear what role the small, impoverished county may play.
"A lot of this stuff hasn't really come up frequently enough to have clear answers," Associate Dean Amar told the Bee. "It's very rare that you have a governor and an attorney general who don't defend the law, so what you do in that situation is not something that arises very often."
Associate Dean Amar discussed several possible scenarios on Forum. "If the Ninth Circuit does rule... that the Prop. 8 sponsors lack standing, it will dismiss the appeal, of course, but I think then it will also have to undo the trial, because if Prop. 8 sponsors don't have standing, if they're not an appropriate party to pursue an appeal, they also probably weren't an appropriate party to litigate in the trial court," he said. "The result could be that the trial court would issue a default judgment in favor of the plaintiffs rather than the broad ruling issued by Judge Walker. Alternatively, the Ninth Circuit could decide to hear Imperial County's appeal."
In an interview broadcast on National Public Radio's Morning Edition, Associate Dean Amar said that several of Judge Walker's conclusions could potentially be reconsidered by the appeals court, and that a near-term Supreme Court hearing on Prop. 8 is likely only if the Ninth Circuit upholds Judge Walker's ruling.
"I think the Supreme Court will weigh in only if the Ninth Circuit invalidates Prop. 8," he said. "If the Ninth Circuit reverses Judge Walker, I'm not sure the U.S. Supreme Court will be in any hurry to get into this thicket."
Vikram Amar, Associate Dean of Academic Affairs and Professor of Law with the UC Davis School of Law, is a national authority in the fields of constitutional law, civil procedure, criminal procedure, and remedies. His biweekly column for FindLaw.com, a leading provider of online legal information, centers on his expertise in constitutional law.