Ruling affects Calif. gay-marriage ban

The California Supreme Court ruled yesterday that the sponsors of the Proposition 8 ban on same-sex marriage and other ballot measures are entitled to defend them in court when the state refuses to do so. The ruling is likely to spur federal courts to decide the constitutionality of such marriage bans.

The court's decision, a defeat for gay rights groups, sets the stage for a federal ruling -- which could go all the way to the U.S. Supreme Court -- that would also affect marriage bans outside California.

The U.S. 9th Circuit Court of Appeals, which is considering an appeal of a trial judge's ruling that overturned Proposition 8, had asked the California court to clarify whether state law gives initiative sponsors standing, or legal authority, to defend their measures.

The governor and the attorney general have refused to defend Proposition 8.

Although the 9th Circuit is not bound by the ruling, the decision makes it less likely that the appeals court would decide on narrow, standing grounds.

The 9th Circuit panel considering the gay-marriage dispute indicated last December that it was leaning toward overturning Proposition 8 if the standing question could be resolved.

-- Los Angeles Times