High court’s request to Brown could signal that anti-Prop. 8 lawsuits might be heard by justices

 

In a move that could signal they are seriously considering hearing the lawsuits filed to invalidate Prop. 8, justices of the California Supreme Court asked Attorney General Jerry Brown this week to examine the cases as to their suitability for review by the high court.

Although Brown supports gay marriage and argues that all pre-existing same-sex marriages remain legally valid, he is California’s chief law enforcement officer and now must defended Prop. 8 following the decision of California voters to enact the ballot measure that effectively bans gay marriage in California.

The request by the high court was viewed as a positive development for the petitioners seeking to invalidate the controversial ballot measure. Legal observers noted that the court is seeking Brown’s official opinion means that they are likely to take the petitions seriously.

Senior Assistant Attorney General Christopher Krueger told the San Francisco Chronicle that the high court request could also help the justices decide whether they wish to suspend implementation of Prop. 8 while the panel reviews the petitions.

“I think it’s fair to infer that the court is looking at these (cases) very carefully,” Krueger told the Chronicle in this story.

Krueger added that typically, when petitioners ask the high court to review their case directly without first filing with a lower court, the panel dismisses the suit without asking the other side (in this case the Attorney General’s office) for a response.

Krueger declined to say whether Brown would ask the court to dismiss the anti-Prop. 8 petitions without further review.

The petitions to overturn the measure were filed by the ACLU, the cities of San Francisco and Los Angeles, Santa Clara and Los Angeles counties and a coalition of civil and gay-rights groups.