In re Marriage Cases
In one of the most closely watched California cases in recent memory, In re Marriage Cases (2008) 43 Cal.4th 757, 856 (Marriage Cases), our Supreme Court held that state statutes denying same-sex couples the right to marry violated the California Constitution. The Supreme Court also affirmed this courts determination that one of the parties, appellant Campaign for California Families (Campaign), lacked standing to sue and consequently should have been dismissed from the proceeding by the trial court. (Id. at pp. 791-792.) The Supreme Court provided that the prevailing parties were entitled to recover their costs. (Id. at p. 857.) In this appeal, Campaign challenges two orders directing it to pay costs totaling slightly more than $12,000. Characterizing its role in the litigation as that of an amicus curiae, Campaign contends it cannot be assessed costs of suit as if it were a party. Court shall affirm the trial courts orders directing Campaign to pay costs.
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