Petitioner did not have standing. 9th Circuit is vacated and remanded to dismiss the appeal for lack of standing.
5-4 decision: Roberts, Scalia, Breyer, Kagan, Ginsburg versus Kennedy, Thomas, Alito, Sotomayor
LL please correct me if I am wrong:
Prop 8 is struck down by the decision of the U.S. District Court even though the CA Supreme Court upheld DOMA. This is because the State of CA was still defending Prop 8 when it was appealed to the U.S. District Court (Judge Walker.) SCOTUS ruled that when CA refused to further defend Prop 8 and the petitioners appealed to the 9th Circuit on behalf of the voters of CA, they did not have standing to do so. So Judge Walker’s decision overturning Prop 8 stands. Same-sex marriage is legal in CA.
It really bothers me when Scalia and Thomas do not agree.