The 9th U.S. Court of Appeals said last month that it cannot decide if the gay marriage ban is constitutional until the state high court weighs in on whether proposition sponsors have authority to defend the measure.
May 26, 2009: Celebs Join Prop 8 Protest in West Hollywood
A three-judge panel asked the California Supreme Court to decide if ballot proposition backers can step in to defend voter-approved initiatives in court when state officials refuse to do so. The panel suggested it would have to dismiss the case if there's no state high court input.
The Los Angeles Times says Cantil-Sakauye told reporters Wednesday that the California Supreme Court will soon decide whether to weigh in.