Court won’t force CA Officials to defend Prop 8

Posted by The Associated Press on

"A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state's ban on the freedom to marry.

"The 3rd District Court of Appeal on Wednesday denied a conservative legal group's request to force the officials to defend voter-approved Proposition 8.

"Presiding Justice Arthur Scotland did not explain why the appeals court turned down the request filed two days earlier by the Pacific Justice Institute.

"The institute now plans to take the matter to the California Supreme Court, Chief Counsel Kevin Snider said Thursday.

... "Brown has said he cannot defend Proposition 8 because he thinks it is unconstitutional; Schwarzenegger has chosen to remain neutral.

"Chief U.S. District Judge Vaughn Walker struck down Proposition 8 last month as a violation of gay Californians' civil rights.

... "The state has until Sept. 11 to challenge Walker's ruling. Both Brown and Schwarzenegger have said they don't plan an appeal.

"The coalition of conservative and religious groups that sponsored the ban has appealed the ruling by Walker. But doubts have been raised about whether its members have authority to do so because as ordinary citizens they are not responsible for enforcing marriage laws."

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