Prop. 8 was challenged by two same-sex couples, and state officials refused to defend it. The law's supporter Protectmarriage.com was allowed to defend it in court by Judge Vaughn Walker. Walker then ruled that the ban on gay marriage was unconstitutional.
Supporters of Prop. 8 have since appealed this ruling, but their legal standing to defend Prop. 8 is now being challenged. According to Southern California Public Radio, the attorney for the gay couples who challenge Prop. 8, Theodore Boutrous, says, "To bring an appeal, you have to show that you are injured."
Boutrous argues that Prop. 8’s defenders have yet to show how allowing gays to marry in California hurts anyone.
According to the L.A. Times, protectmarriage.com could lose its standing under federal law if it loses in the State Supreme Court.
Andy Pugno, attorney for Prop. 8, is quoted in an SCPR article, saying, "It really is just an absurd result that you can have the people trying to exercise this fundamental right to pass laws themselves but then the governor and the attorney general can veto that by just refusing to defend it in court."
Each side will present arguments during the hearing today. The court will rule 90 days after arguments are presented.