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Prop 8 case heads to CA highest court Sept. 6

California's highest court will hear arguments Sept. 6 on an issue that is likely to prove decisive for the fate of Prop 8.

July 29, 2011 12:00:00 AM PDT
California's Prop 8 case will head to the state's highest court right after Labor Day.

The hearing, set for Sept. 6, is to consider whether ballot initiative sponsors have authority to fight court rulings on their measures if the governor and attorney general refuse to appeal.

The question is pivotal to the future of the gay marriage ban because former Gov. Arnold Schwarzenegger and Gov. Jerry Brown, in his previous role as attorney general, refused to challenge a federal court ruling that struck down the law as a civil rights violation.