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There are two issues being argued before the Ninth Circuit:
- Because California Attorney General Brown refused to defend Proposition 8 in Perry v. Schwarzenegger, ProtectMarriage.com has intervened to act as defendants in the case. The constitutionality of this intervention is the first issue being considered. If ProtectMarriage.com is found to not have standing, then the case is over and Prop 8 will be repealed.
- If the defendants are determined to have legal standing, then the question will be on whether Judge Walker's decision, which is to repeal Prop 8 under the Fourteenth Amendment of the U.S. Constitution, will stand.
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