Thursday, September 2, 2010

Court: Brown and Schwarzenegger Don't Have to Defend Prop 8

By Robert Gammon
Thu, Sep 2, 2010 at 12:22 PM

Jerry Brown and Arnold Schwarzenegger do not have to defend Prop 8 in federal court, a state appellate court ruled today, according to AP. The state court denied a motion by a conservative legal group that sought to force California’s attorney general and governor to defend the anti-gay-marriage law in a federal appellate case. The conservative group had argued that Brown and Schwarzenegger have no right to pick and choose what state laws to uphold. Both men have said they believe Prop 8 violates the US Constitution.

If upheld, today’s ruling could prove pivotal in the federal case involving Prop 8, because Judge Vaughn Walker has indicated that the anti-gay-marriage forces may not have a legal right to appeal his decision to allow same-sex nuptials in California. The reason is that the anti-gay-marriage crowd cannot prove they will be harmed — as required by law — if gay and lesbian couples wed.

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