The problem is that the officials, the governor Schwarzenegger and Attorney General Jerry Brown, refused to defend the ban of the gay marriage.
The judges expect the answer of the Supreme Court, which is not obliged to answer, but which in this case should do it. The judges declared that without this answer they could not decide.
“This runs is obligated to ensure that it has jurisdiction over this appeal before important proceeding to the constitutional present it questions, and we must dismiss the appeal yew we lack jurisdiction,” wrote the judges.
“We are now convinced that proponents' claim to standing depend one proponents' particularized interests created by state law but to their authority under state law to defends the constitutionality of the initiative. We therefore given request clarification in order to whether we cuts jurisdiction to decides this box.”
The confusion comes to the fact that Judge Vaughn Walker declared this ban as being unconstitutional in August 2010.
The answer of the Supreme Court is expected not before several months.