A state court will not force Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge’s ruling that overturned Proposition 8.
The Third District Court of Appeal in Sacramento dismissed a lawsuit seeking to get the state to defend the measure, according to the San Francisco Chronicle. The suit was filed Monday by the Pacific Justice Institute on behalf of a Los Angeles minister. The institute said it would file an immediate appeal to the state Supreme Court to see if it can get a reversal by Sept. 11, the deadline for state action in the Prop. 8 case.
ABC7 reported the court did not give a reason for dismissing the suit.
Brown said he cannot defend Prop. 8 because he believes it is unconstitutionalwhile Schwarzenegger has chosen to remain neutral, according to CBS5.
If Prop. 8’s supporters aren’t allowed to defend it, the appeals court could uphold District Court Judge Vaughn Walker’s ruling on procedural grounds without having to decide on the measure’s constitutionality. Same-sex couples would regain the right to marry, a right they gained in May 2008 and lost with Prop. 8’s passage in the 2008 election.
Twenty-seven state Assembly members, in a letter this week, urged the governor to file an appeal if Brown does not.
