The California Supreme Court appeared ready Tuesday to rule the backers of Proposition 8 and other ballot measures have the right to defend them in court.
During an hour of arguments, several justices on state's highest court appeared skeptical of the contention by lawyers for advocates of same-sex marriage that only elected state officials may defend ballot measures.
Attorneys for challengers of Proposition 8 have argued that no one but state officials may appeal last year's ruling striking down the measure, and state officials have refused to appeal it.
Accepting the Proposition 8 opponents' position would be “nullifying the great power that the people have reserved for themselves” to propose and pass initiatives, Justice Joyce L Kennard said.
“Who is there to defend the initiative measure?” she asked.
Prop. 8 backers seem likely to win right to appeal its rejection
