Ninth Circuit Asks Prop 8 Opponents to Explain How They Have Standing

Politico's Ben Smith has posted a copy (.pdf) of the Ninth Circuit's order in Perry v. Schwarzenegger -- the Proposition 8 case over whether it was constitutionally permissible for the citizens of the state of California to vote to bar same-sex couples from marrying. Per Rick Klein of ABC News, the Court ruled that there would be no same-sex marriages performed pending the appeal. However, in a key portion of the order, the court requested supporters of the proposition to explain just how they have standing (or capacity to be a party to the case):

In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing.

The Wall Street Journal's Law Blog has a nifty explainer of the issue, but in short if Prop 8 supporters can't show that they are properly before the court, the substance of their appeal may not be heard.

[UPDATE at 4:03 PM]: According to Andrew Cohen of CBS News, the Ninth Circuit is "cautious about resuming marriages before Scotus review." More as we hear it...