9th Circuit Court looking for a way to strike Prop 8 without sending case to SCOTUS?

Debra Cassens Weiss of the ABA journal reports that the federal appeals court panel ruling on California’s gay marriage ban is considering a decision which would not find a broader constitutional right to same-sex marriage, according to the LA Times. It is focusing on two questions.

Can voters take away a right to gay marriage that already existed in California?

Lawyers supporting gay marriage cited Romer v. Evans, the 1996 U.S. Supreme Court decision striking down a Colorado initiative that overturned gay rights laws. A decision based on taking away established rights could leave intact gay marriage bans in other states within the 9th Circuit, according to the Associated Press.

Do gay marriage opponents have standing?

Neither California’s governor nor its attorney general appealed the trial’s judge's ruling that the Proposition 8 referendum banning gay marriage violated equal protection guarantees. Panel judges were skeptical about whether Prop 8 sponsors had standing to appeal, but they also appeared wary of ruling to allow state officials to effectively kill the voter referendum by refusing to defend it, the AP story said.