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MsTinkerbelly · 09-09-2010, 07:58 AM

Prop 8 Trial Tracker

BREAKING: California Supreme Court rejects PJI appeal; Schwarzenegger and Brown will not be forced to defend Prop 8
By Eden James

Breaking from the San Francisco Chronicle:

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“The state Supreme Court refused to come to the aid of California’s embattled ban on same-sex marriage Wednesday, denying a conservative group’s request to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge’s ruling striking down the voter-approved measure.

The state officials’ decision not to argue in support of Proposition 8 has raised questions about whether anyone is legally qualified to defend it in court. The Pacific Justice Institute filed suit last week, arguing that the California Constitution requires Brown to defend the state’s laws.

A state appeals court dismissed the suit without a hearing, and the state’s high court denied review Wednesday without comment.

[snip]

“Attorneys general are not potted plants in the litigation process,” lawyers for Brown told the court. Although the attorney general is required to represent the state, they said, Brown also took an oath to support the U.S. Constitution and is not obliged to defend a law he considers unconstitutional.

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Read more:

http://www.sfgate.com/cgi-bin/articl...BAE81FATL8.DTL

09-09-2010, 07:58 AM	#531
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,908 Times in 5,019 Posts Rep Power: 0	Prop 8 Trial Tracker BREAKING: California Supreme Court rejects PJI appeal; Schwarzenegger and Brown will not be forced to defend Prop 8 By Eden James Breaking from the San Francisco Chronicle: —– “The state Supreme Court refused to come to the aid of California’s embattled ban on same-sex marriage Wednesday, denying a conservative group’s request to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge’s ruling striking down the voter-approved measure. The state officials’ decision not to argue in support of Proposition 8 has raised questions about whether anyone is legally qualified to defend it in court. The Pacific Justice Institute filed suit last week, arguing that the California Constitution requires Brown to defend the state’s laws. A state appeals court dismissed the suit without a hearing, and the state’s high court denied review Wednesday without comment. [snip] “Attorneys general are not potted plants in the litigation process,” lawyers for Brown told the court. Although the attorney general is required to represent the state, they said, Brown also took an oath to support the U.S. Constitution and is not obliged to defend a law he considers unconstitutional. —– Read more: http://www.sfgate.com/cgi-bin/articl...BAE81FATL8.DTL