Quote Originally Posted by RandBlade View Post
If SCOTUS throw out the case based on standing then won't the Californian Supreme Court ruling stand - ie its unconstitutional to ban gay marriage like that. In which case although SCOTUS won't have made a blanket decision for the entire United States, it'd be settled for California?
Different ruling, different prop. The California court struck down Prop 22 banning gay marriage so the California passed Prop 8 putting "no same sex marriage" directly into the state constitution. If SCOTUS throws out the case for lack of standing that will impact the 9th Circuits decision since those appellants without standing were the only ones the 9th agreed to hear themselves. It invalidates the 9th's ruling because these guys should never have been allowed before a federal appellate court. So the [b]District Court[/i]'s decision will stand, but a District Court decision creates no precedent. Other District courts don't have to follow it, even the same court doesn't have to follow it. So 8 will no longer be part of the state constitution in California but the field will still be wide open.