How can I do a standing front/back flip?

Realistically, could the 9th circuit allow the prop 8 defendants to be granted standing to appeal the ruling?

• To have standing in federal court, you need to prove that you were specifically harmed by the law. It was already determined by Judge Walker that they did not suffer harm, (a "fact" that's unlikely to be thrown out by the 9th circuit.) So that tells me there's no way they will be granted standing. but the 9th circuit punted the question to the CA State Supreme Court. It's much easier to have standing in state court (you don't need to prove you were harmed.) but why is State law even relevant here? This is a federal lawsuit in federal court. The fact that the 9th circuit punted the question to them......tells me that they place some kind of relevance on them. Why? What relevance could state law have if this is in federal court? Do you think the 9th circuit may rule that "to deny the defendants standing would violate the peoples' right to vote in California" --- and grant the defendants standing even though they weren't harmed? Could you see such a ruling happening?

• Answer:

  Prop 8 was not about gay rights. What prop 8 is saying is that the citizenry has the right to marginalize and disenfranchise minority groups. Prop 8 sets a legal precedence that could someday come back to bite us all.