2 challenging the validity, under the United States Constitution, of the initiative measure (Proposition 8) that added a section to the California Constitution
providing that ―[o]nly marriage between a man and a woman is valid or recognized in California‖ (Cal. Const., art. I, §
7.5), the state law issue that has been submitted to this court is totally unrelated to the substantive question of the constitutional validity of Proposition 8. Instead, the question before us involves a fundamental procedural issue that may arise with respect to
any
initiative measure, without regard to its subject matter. The same procedural issue regarding an
official initiative proponent‘s standing to appear as a party in a judicial proceeding
to defend the validity of a voter-approved initiative or to appeal a judgment invalidating it when the public officials who ordinarily provide such a defense or file such an appeal decline to do so, could arise with regard to an initiative measure that, for example, (1) limited campaign contributions that may be collected by elected legislative or executive officials, or (2) imposed term limits for legislative and executive offices, or (3) prohibited government officials from accepting employment after leaving office with companies or individuals that have
benefited from the officials‘ discretionary gover
nmental decisions while in office. (Cf., e.g., Prop. 73 (Primary Elec. (June 7, 1988)), invalidated in part in
Kopp v. Fair Pol. Practices Com.
(1995) 11 Cal.4th 607 [campaign contribution limits]; Prop. 140 (Gen. Elec. (Nov. 6, 1990)), upheld in
Legislature v. Eu
(1991) 54
Cal.3d 492 [term limits]; City of Santa Monica‘s ballot measure Prop. LL
(Consolidated Gen. Mun. Elec. (Nov. 7, 2000)), upheld in
City of Santa Monica v. Stewart
(2005) 126 Cal.App.4th 43 [postgovernment employment limits].) The resolution of this procedural question does not turn on the substance of the particular initiative measure at issue, but rather on the purpose and integrity of the initiative process itself.