Hollingsworth v. Perry
United States Supreme Court
570 U.S. 693 (2013)
California voters passed Proposition 8, amending the state constitution to limit marriage to opposite-sex couples after the California Supreme Court had recognized a right to same-sex marriage. Same-sex couples (plaintiffs) challenged Proposition 8 in federal court against state officials (defendants), who declined to defend the law; the district court allowed the initiative's official proponents to intervene and defend it instead, then ruled the law unconstitutional. The state officials chose not to appeal, but the proponents did, and after the California Supreme Court confirmed under state law that proponents were authorized to defend the initiative when officials would not, the Ninth Circuit found the proponents had standing under federal law and affirmed the district court on the merits; the U.S. Supreme Court granted certiorari.
Whether a private party has standing in federal court to defend the constitutionality of a state law when the state's own responsible officials decline to do so.