The California Supreme Court accepted the Ninth Circuit’s certification of a question of California law. On the merits, the court held that when the public officials who ordinarily defend a challenged state law or appeal a judgment invalidating the law decline to do so, the official proponents of a voter-approved initiative measure have authority to assert the state’s interest in the initiative’s validity and to appeal a judgment invalidating the measure in order to defend the constitutionality of the initiative.
In November 2009, California voters passed Proposition 8, effectively banning same-sex marriage in California. In May 2009, Kristin Perry and others sued the California Governor and others in federal district court, seeking a declaration that Proposition 8 was unconstitutional and an injunction against its enforcement. In addition to the Governor, the plaintiffs named as defendants various state officials as well as the Clerk-Registrar for the County of Alameda and the Registrar-Recorder/County Clerk for the County of Los Angeles.
