Critics say Supreme Court’s Prop 8 ruling takes power from voters, gives it to state officials
DENVER — The Supreme Court's decision Wednesday on Proposition 8 unlocked the door for same-sex marriage in California but also may have stifled the voices of the state's voters.
In its 5-4 decision, the high court ruled that the private group behind the citizen-initiated measure on the November 2008 ballot had no standing to defend Proposition 8 in federal court, even after California Gov. Jerry Brown and state officials refused to do so.
The ruling on standing, while seemingly technical, has alarmed critics on both ends of the political spectrum, who worry that the decision effectively gives state officials the unchecked power to nullify ballot initiatives they dislike by refusing to enforce them or defend them in court.
"I think regardless of what anybody thinks about same-sex marriage, everyone who cares about democracy should be concerned about this decision," said John Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California. "It's fundamentally undemocratic."