Wednesday, September 1, 2010

Will Jerry Brown Be Forced to Appeal Prop 8 Ruling?

By Chris Thompson
Wed, Sep 1, 2010 at 7:36 AM

One of the quandaries that Proposition 8's main supporters face is the odd fact that they have legal standing to appeal Judge Vaughn Walker's ruling that the amendment is unconstitutional. Only injured parties can appeal, and that would be Attorney General Jerry something-or-other and Governor Arnold Schwarzenegger, as the public officials charged with upholding state laws and the California constitution. Except that they both agree with Walker's ruling. So unless Prop. 8's supporters can pull a straight, monogamous, God-fearing rabbit out of a hat, it's back to imprecating the Lord to rain righteous fire down upon the Castro. Enter the Pacific Justice Institute, a conservative legal group that has just filed a lawsuit in appellate court to compel Schwarzenegger and Brown to appeal Walker's ruling. According to the Associated Press, the Institute has filed suit on behalf of some Joe Citizen down in San Bernadino, and argues that Jerry doesn't have the authority to ignore enforcing a law or element of the state constitution just because he doesn't like what it says. Brown has already declared that in his judgment, Prop. 8 is more than just distasteful, but a violation of the federal constitution.

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