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California Court Refuses to Force State to Defend Gay Marriage Ban

1 year ago
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A California court has thrown out a lawsuit seeking to force Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge's decision to overturn the state's ban on gay marriage.

Sacramento's Third District Court of Appeals made no comment Friday when it dismissed the suit filed this week by the conservative Pacific Justice Institute, The San Francisco Chronicle reported.

The institute said it would appeal to the California Supreme Court in order to get a reversal of Chief U.S. District Judge Vaughn Walker's Aug. 4 ruling striking down Proposition 8, the 2008 ballot measure which bans same-sex marriage.

Walker ruled Proposition 8 unconstitutional under the equal protection and due process clauses of the Constitution.

The Chronicle quoted the institute's lawyer, Kevin Snider, saying Walker's decision caused "a constitutional crisis, usurping the power of the people," and that it was up to Brown and Schwarzenegger to appeal it. The deadline for state officials to act in the Proposition 8 case is Sept. 11.

"When the people peacefully enact a constitutional provision and the attorney general refuses to give them meaningful review in the federal judiciary, then you have a veto by the executive branch," Snider said.

Both Brown and Schwarzenegger have said repeatedly they would not get involved in the Proposition 8 appeals.

Oral arguments over the legality of Proposition 8 are set for December.

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64 Comments

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jgr414155

Here again is 2 men failing to do their job and represent the people of California. The Federal Judge, Jerry and Arnold over rule the will of Millions of Californians. Let the issue run its course and see how the dice land.

September 04 2010 at 9:41 PM Report abuse -3 rate up rate down Reply
Rodney Reese

Marriage is a religious ceremony and no religion on this earth advocates homosexuality, all are against it. The government intervened to stop incest in marriages. Gay marriage in against all forms of natural processes in human development and our proliferation.

September 04 2010 at 1:00 PM Report abuse +2 rate up rate down Reply
1 reply to Rodney Reese's comment
mfharahan1

marriage is also a civil contract which has nothing to do with religion...otherwise everyone who got married by a justice of the peace.ship captain or other legal entity which can marry people would be not married in the eyes of the law. perhaps you should inform yourself before you mouth off.i

September 04 2010 at 1:18 PM Report abuse -2 rate up rate down Reply
sysaphus71

What is wrong with gays getting married? They have a perfect right to be just as unhappy as the rest of the married couples!!

September 04 2010 at 10:45 AM Report abuse +3 rate up rate down Reply
JIM

The only reason to get married is to start a family of your own not to collect benefits.

September 04 2010 at 8:16 AM Report abuse -2 rate up rate down Reply
1 reply to JIM's comment
mausinn

LOL, this makes no sense at all. What benefits do married couples get over families? Oh yeah, they get the benefit of paying higher taxes and supporting those on welfare with their tax money. I clearly see the upside of that one. I guess in turn, those who can't have, or don't want to have children should not get married then. So all you folks with medical reasons why you can't have kids, or perhaps those of you who are too elderly to have kids, or those who don't have kids because they figure there are too many uncared for children already, should just not marry. Oh, and if you have already committed this heinous sin and have gotten married, you should run out and get a divorce right now. Unbelievable.

September 04 2010 at 12:35 PM Report abuse -2 rate up rate down Reply
Karen

I am single, straight, and haven't met my Mr. Right. If Mr. Right, meets his Mr. Right, and you fill each others lives with happiness & contentment then be grateful for that. Live your lives together in peace as their are much bigger battles to fight in these current times. A Civil Ceremony can speak volumns when the heart is love filled. California is pressed enough finanically. Go, and be well.

September 04 2010 at 8:14 AM Report abuse -2 rate up rate down Reply
JIM

I believe the reason for marriage was to start families. If one parent dies the other can collect benefits from the other to help raise the family. Since Steve and Eddie cant have children i see no reason to get married.

September 04 2010 at 8:10 AM Report abuse -5 rate up rate down Reply
Phil

I'm 67 years old. When I was a youngster, I was called "queer" and was spit upon by my classmates. I have worked all my life to finally see these days when a more enlightened society viewed homosexuality in a different way. All around the world, this is now taking place, as country after country recognizes the horrible discriminations that have been in place and courageously acts to change things for the better, so gay people can live in peace and equality. Why is it so difficult in America?

September 04 2010 at 7:35 AM Report abuse +5 rate up rate down Reply
graplace

No law that is illegal (unconstitutional) can be enacted or enforced, no matter how many people voted to put it on the books. Our system of law makes the courts the arbitors of legality, a job which they are performing correctly, whether or not you agree with their decisions.

September 04 2010 at 7:30 AM Report abuse +7 rate up rate down Reply
jcollina

What ever happened to live and let live? Too many people worry about what their neighbors are doing. As long as a citizen is not forced to do something he/she does not believe is moral or ethical, or is not prevented from doing something he/she has a right to do, does that person really have the right to meddle in the private affairs of his/her neighbors? Seatbelts? Fatty foods? Sweet drinks? Pre-marital sex? Smoking pot or tobacco? Sky-diving?

September 04 2010 at 7:03 AM Report abuse +2 rate up rate down Reply
James

Does our society have the right to order their social arrangements and to define our institutions as we wish? If homosexual couples are given the same status in marriage as heterosexual couples, then would it not then be taught in schools that these relationships are acceptable? Then, would churches be forced to accept teachers and/or pastors who are openly gay to teach it is acceptable even if the church did not view that as an acceptable tenant of that religion? Would that not be forcing one's views on another? People who voted for Proposition 8 do not have to accept a redefinition of what constitutes marriage based on the idea of "tolerance".

September 04 2010 at 5:55 AM Report abuse -1 rate up rate down Reply

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