Prop 8 Judge to Decide if Gay Marriage Can Resume in California

A second question which the judge will necessarily address is whether or not the defendant-interveners have legal standing to file an appeal. They were not parties to the original lawsuit. The actual defendant, the State of California, represented by the governor and attorney general, has formally accepted the verdict and asked that the stay be lifted.

Just being allowed to intervene does not automatically make an entity a party to a lawsuit, and only a party materially damaged by a decision may appeal that decision.

I'm not an attorney, so if any attorneys care to expand or correct this comment, please do so.

Joey Riso of CA 11:21AM August 12, 2010