Court won't force Calif officials to defend Prop 8

[Tx4obama]

Source: AP (via HuffPo)

SACRAMENTO, Calif. — A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state's gay marriage ban.

The 3rd District Court of Appeal on Wednesday denied a conservative legal group's request to force the officials to defend voter-approved Proposition 8.

Presiding Justice Arthur Scotland did not explain why the appeals court turned down the request filed two days earlier by the Pacific Justice Institute.

The institute now plans to take the matter to the California Supreme Court, Chief Counsel Kevin Snider said Thursday.

Read more: http://www.huffingtonpost.com/huff-wires/20100902/us-gay-marriage-trial/

[wtmusic]

1. Please...knock yourselves out. nt

[DissedByBush]

2. I like it, but it's wrong

It's the state's job to defend the law with its full resources, and Prop 8 is part of the law.

How would you feel about a state equal-rights law that the governor refused to defend in court?

[wellstone dem]

4. Brown can't defend a law he believes is

unconstitutional. As a lawyer, he can only advance arguments which he believes in good faith are based in law and precedent, or has a good faith argument that precedent was unsupported by law.

[BillH76]

12. Lawyers don't believe or disbelieve anything.

They just represent their clients.

[pdefalla]

13. Not true

Within the representation of their client they must adhere to best legal practices and ethical beliefs. If you believe your client is guilty of murder you cannot represent him as innocent, and if you believe a law is unconstitutional you cannot in good faith argue in favor of it.

[wellstone dem]

15. A lawyer can not put forward a meritless claim see the following

"A lawyer shall not bring or defend a proceeding, or assert or controvert an issue
therein, unless there is a basis in law and fact for doing so that is not frivolous,
which includes a good faith argument for an extension, modification, or reversal of
existing law. A lawyer for the defendant in a criminal proceeding, or the
respondent in a proceeding that could result in incarceration, may nevertheless so
defend the proceeding as to require that every element of the case be established."

Minnesota Rules of Professional Conduct 3.1 (All states have a rule like this.)

[DissedByBush]

16. A private laywer can decide whether or not to take a case

Brown represents the people and is supposed to defend the laws the legislature passes and that the people themselves make through referendum.

He should be fired IMMEDIATELY for blatantly abrogating the responsibilities of his position.

It is a very bad precedent that will come back to bite us.

[Bette Noir]

3. Where does this lead?

If the State doesn't appeal, does that mean same sex marriage is legal again? No Supreme Court ruling? Any implications for other states?

[wellstone dem]

5. If no one has standing to appeal

or all who have standing decline to appeal, the District Court decisions stands. So the question is whether the Court of Appeals will decide that the "Defenders" have standing.

[DissedByBush]

17. It means very, very bad

Maybe good in this case because Prop 8 now has no official support and will probably die.

Bad in the future because let's say the people pass an equal-rights amendment, someone sues to stop it and the AG decides he doesn't want to defend the will of the people, so goodbye equal rights.

[sabra]

6. Court Won't Force Appeal of Proposition 8 Ruling

Source: CBS News/AP

Conservative Group Had Sought to Force Gov. Schwarzenegger, Other Officials to Fight for Overturned Law

(AP) A group of Republican lawmakers is urging California Gov. Arnold Schwarzenegger to appeal a federal ruling that struck down the state's same-sex marriage ban.

Twenty-seven members of the Assembly's Republican caucus sent Schwarzenegger a letter Tuesday saying it was up to the governor to defend the rights of voters who passed Proposition 8 almost two years ago.

Chief U.S. District Judge Vaughn Walker overturned the voter-approved measure as unconstitutional last month.

The state has until Sept. 11 to challenge Walker's ruling in the 9th U.S. Circuit Court of Appeals.

Schwarzenegger and Attorney General Jerry Brown, who both refused to support Proposition 8 in Walker's court, have said they do not plan to appeal the ruling.

Read more: http://www.cbsnews.com/stories/2010/09/03/national/main6832930.shtml?tag=stack

[gratuitous]

7. If these Republican lawmakers want to appeal, they can pay for it

Instead of asking all the people of California (including the gay ones) pay for it. How's that for a free market, personal responsibility, small government, let people do things for themselves instead of depending on government to do it for them, kind of solution?

[SkyDaddy7]

9. That was completely unfair of you...

To use Republican logic against Republicans!

...You know BIG Government is fine for the GOP as long as they are the ones driving it!

[gratuitous]

10. Yes . . .

I can't tell you how badly I feel about that. I really can't.

[JuniperLea]

8. Good for Arnold!

He better do more awesome stuff like this before he leaves so we don't feel terminated and hate him forever.

Jerry Brown for Governor!!!

[slackmaster]

11. Arnold won't get re-elected now

Of course the fact that he's term-limited out may be a factor.

[JuniperLea]

14. I'm not really sure how he convinced himself he was a Pubbie...

Well, I guess that's not true. I'm sure $$ was involved... and he probably had some other Pubbies blowing wind up his skirt. As his term winds down, he's sounding more liberal than he has ever been as Governor.

Californians can be so stupid. Electing movie stars never really works out for us.