'Standing' in the Way of Equality? The Myth of Proponent Standing and the Jurisdictional Error in Perry v. Brown

Abstract:     
This Note argues that the Ninth Circuit improperly proceeded to the merits of the equal protection claim in Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012), now captioned as Hollingsworth v. Perry. It proposes that Article III does not recognize uninjured proponents of successful initiatives and referenda, even if state law authorizes such individuals to defend the law in court. In doing so, the Note contends that if an uninjured party seeks to champion the interests of the state, the party must be some emanation of state, effectively foreclosing proponent standing.

Number of Pages in PDF File: 20

Keywords: proponent, standing, Hollingsworth, Perry, Brown, gay marriage, marriage equality, jurisdiction

Accepted Paper Series