5 Things You Need to Know About Monday's Prop 8 Hearing

Should the same-sex marriage ban be struck down or upheld? (Photo: Reuters Pictures).

On Monday, a three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco heard arguments from supporters and opponents of California's ban on same-sex marriage.

In August, Judge Vaughn Walker of the U.S. District Court in San Francisco ruled that the ban was unconstitutional. 

The Advocate and the Los Angeles Times have full coverage of today's hearings.

TakePart has the top five need-to-know, easy-to-digest bullet points about the Prop 8 hearings:

• There was skepticism about whether Prop 8 supporters could even appeal the decision: In a court case, a party needs to demonstrate that it has "standing" to bring an action. You see, opponents of Prop 8 sued the State of California in federal court. Governor Arnold Schwarzennegger and Attorney General Jerry Brown, in their official capacities as elected officials, are the named defendants in the suit. Both men declined to appeal the lower court ruling striking down the gay marriage ban. The folks wanting to pursue the appeal are the private citizens who backed the ban. According to The Advocate, the three judges aren't so sure that they can.


• This thing might have to detour over to the California Supreme Court: In an unanticipated development, the judges indicated that the highest state court in California may be the appropriate venue for deciding whether the private Prop 8 supporters have the right to appeal, or whether the state's governor and attorney general can be forced to appeal the decision, even if they don't want to.


• You better come correct in this courtroom, or be ready for a smack down: Robert Tyler, an attorney representing Imperial County in the far southeastern corner of the state, tried to argue that a deputy county clerk—but not the clerk herself—should be allowed to appeal the case (ostensibly because, as an employee of the clerk's office, she helps issue marriage licenses). Judge Michael Daly Hawkins wondered aloud whether a deputy has the authority to defend the gay marriage ban. When attorney Tyler launched into a round of speculation for his answer, he earned this rebuke from Hawkins: "When you're asked a question, and you don't know the answer, say so."
• The entire hearing was broadcast to audiences nationwide: Something actually interesting happened on C-Span today. In case you didn't get a chance to watch it the first time around—and you want more than this summary—check out the entire video here. 


• The three-judge panel has a 2-1 party-affiliation split: Hawkins and Judge Stephen Reinhardt were appointed by Democratic presidents (Clinton and Carter); Judge Randy Smith was appointed by a Republican (George W. Bush).