Prop 8 backers claim decision applies only to the four plaintiffs

Prop 8 backers should get points for trying, anyway.

Yesterday Prop 8 backers and law suit defenders protectmarriage.com said that Judge Vaughn Walker's ruling that Proposition 8, the ballot initiative designed to strip gay Californians' of marital rights, was unconstitutional, should apply onto to the plaintiffs who brought suit.

They made the claim in written arguments before the U.S. 9th Circuit Court of Appeals as they insisted they had the right to appeal the decision - even though they were never sued.

Pushing Imperial County, which voted overwhelmingly for Proposition 8, to the fore, protectmarriage said that the Christian group representing that county would have standing to appeal.

U.S. District Court Chief Judge Walker refused to allow Imperial County to participate in the case, saying after the decision he doubted protectmarriage's claim of standing would hold sway over the appeals court.

Protectmarriage says that no matter who has standing to appeal, the case should apply only to the pair of couples who originally brought the challenge because they did not sue on behalf of all the state's gay couples.

9th Circuit panel is scheduled to hold a hearing on the arguments on December 6.

A stay has been put in place preventing gay couples from marrying until resolution of the appeal.