Schwarzenegger & Brown Won’t Defend Prop 8 and The CA Supreme Court Won’t Force Them, Does Anyone Have A Right To Defend It In Court?

California Govenor.Arnold Schwarzenegger and Attorney General Jerry Brown have both refused to defend Prop 8 during the appeal process brought on by Right Wing Christomanaics after Judge Vaugh Walker overturned it.  And the California Supreme Court is refusing to force them.  In this case does anyone have the right to represent California, in court and appeal Jusge Vaugh Walkers ruling?

“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. It will now be up to a federal appeals court, and possibly the U.S. Supreme Court, to decide whether Prop. 8’s sponsors have legal standing – the right to represent the state’s interests in defending one of its laws. Attorney Brad Dacus, (pictured left)president of the Pacific Justice Institute, said the court order was disappointing. “People on the left and right should both be mourning the fact that the attorney general and the governor are reneging on their oaths of office,” Dacus said, arguing that the officials have a sworn duty to defend all state laws.”

Dacus’ statement is disingenuous at best/   Brad Dacus has absolutely zero interest in state leaders “defending all state laws,” only the laws he likes.  Aldo due to Due to California’s wacky and utterly unscreened initiative process, all sorts of “Legislation” can be passed that would never survive legislative debate. And the state is under NO obligation to defend any of them. 

While in Dacus’ warped opinion that Schwarzenegger and Brown have sworn to defend all laws,  Prop 8 was found to be unconstitutional. Therefore, I’d say the Governor Schwarzenegger and Attorney General Brown are doing they’re jobs by not defending a law that is unconstitutional

The Yes on 8 coalition’s appeal brief to the 9th Circuit is due September 17. A three-judge panel will hear the appeal – and the question of whether Yes on 8 has standing to bring the appeal – during the week of December 6.

To sum it up.  Mr. Dacus is full of shit. But you already knew that didn’t you?


Will Kohler

Will Kohler is a noted LGBT historian, journalist and owner of A longtime gay activist, Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as MSNBC and BBC News, The Washington Post, The Daily Beast, Hollywood Reporter, and Raw Story,

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