Legal News

Court won't order California to defend Prop 8

By (Breaking Legal News)

California's highest court on Wednesday refused to order Gov. Arnold Schwarzenegger and the state's attorney general to appeal a federal ruling that overturned the state's gay marriage ban.

The state Supreme Court denied a conservative legal group's request to force the state officials to defend the voter-approved ban.

The court did not explain why it rejected the emergency petition filed by the Pacific Justice Institute. The institute had argued that the attorney general and governor were required to uphold all laws, including initiatives passed by voters.

Earlier Wednesday, lawyers for Attorney General Jerry Brown and Schwarzenegger filed letters with the court maintaining state officers have authority to choose which laws they challenge or defend in court.

"The governor, like any litigant, has complete discretion over his own litigation strategy, including whether or not to appeal an order," counsel Andrew Stroud wrote for Schwarzenegger. "Here, the governor exercised his discretion and decided not to file an appeal."

Both men have declined to appeal Chief U.S. District Judge Vaughn Walker's Aug. 4 ruling that found the ban, known as Proposition 8, violated gay Californians' civil rights.

Full post as published by Breaking Legal News on September 10, 2010 (boomark / email).