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?
The California Court of Appeals has just denied the attempt to force Schwarzenegger and Brown to defend Proposition 8. ” The petition introduced by the anti-gay Pacific Justice Institute on behalf of Joshua Beckley, pastor of Ecclesia Christian Fellowship church in San Bernardino. The petition was “summarily denied by order”
YEA for us! But of course these assholes will keep appealing I am sure.
The court’s full ruling should be posted here by the end of the day.
The CHRISTOMANIACS are at it again.
This time the anti-gay Pacific Justice Institute has filed a lawsuit in an attempt to force California’s Gov. Schwarzenegger and AG Jerry Brown to defend Prop 8 on behalf of Joshua Beckley, pastor of Ecclesia Christian Fellowship church in San Bernardino, and included with it a declaration of support from former U.S. Attorney General Edwin Meese III.
Jesus H. Fucking Christ!
From the Washington Post:
The institute is arguing that as the state’s chief law enforcement officer, Brown does not have discretion to defend only laws with which he personally agrees. And because the California Constitution gives the governor final say when he and the attorney general disagree on legal matters, Schwarzenegger must be compelled to file an appeal to preserve Proposition 8 as well, the group’s lawsuit states. “To allow an elected official to trump the will of the people by mere inaction and the lack of fulfillment of their duty to do their job would be an egregious violation of public trust,” Pacific Legal Institute Brad Dacus said Tuesday.
So basically someone is gonna sue someone else who lost a law suit, to make them appeal, even if they don’t
Someone please contact Lewis Black. He could do 20 minutes on this alone.
California’s Republican Govenor (and T-800 model Terminator) Arnold Schwarzenegger has filed a brief with U.S. District Court Judge Vaughn R. Walker.
“The Administration believes the public interest is best served by permitting the Court’s judgment to go into effect, thereby restoring the right of same-sex couples to marry in California,’ wrote Kenneth C. Mennemeier, an attorney representing Schwarzenegger, in the brief. ‘Doing so is consistent with California’s long history of treating all people and their relationships with equal dignity and respect.'”
Also today Attorney General Jerry Brown filed a motion opposing a stay of Judge Walker’s decision striking down Proposition 8:
“Brown told U.S. District Chief Judge Vaughn R. Walker that his historic ruling that overturned Proposition 8 probably will be upheld by higher courts. He said his office last year opposed a pretrial request to block Proposition 8 only because the legal and factual issues had not then been explored. ‘That has now occurred, And while there is still the potential for limited administrative burdens should future marriages of same-sex couples be later declared invalid, these potential burdens are outweighed by this court’s conclusion, based on the overwhelming evidence, that Proposition 8 is unconstitutional”
Walker had given a deadline of today to recieve arguments about either removing or keeping the “stay” in place during the appeal process.
“Gallagher? Maggie Gallagher?”.