BERKELEY, Calif. — A federal appeals court said Tuesday it cannot decide if California’s gay marriage ban is constitutional until the state’s highest court weighs in on whether Proposition 8’s sponsors have the authority to defend the measure.
A three-judge panel of the 9th U.S. Circuit Court of Appeals issued an order asking the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-approved initiatives in court when state officials refuse to do so.
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