California Court Refuses to Force State to Defend Gay Marriage Ban
Christopher Weber
Correspondent
Posted:
09/3/10
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.
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.