Breaking: High court won't order state to defend Prop. 8

[FreeState]

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/08/BAE81FATL8.DTL&tsp=1

As it should be...

(09-08) 16:53 PDT SAN FRANCISCO -- The state Supreme Court dealt a setback to California's ban on same-sex marriage today, refusing to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge's ruling striking down the voter-approved measure.

The state officials' refusal to argue in support of Proposition 8 has raised questions about whether anyone is legally qualified to defend it in court. The conservative 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 today without comment.

[pleah]

1. K&R

[The Backlash Cometh]

2. Well it makes sense to me since in Florida,

the State isn't even obligated to defend the laws it has on the books!

[Hepburn]

3. Good. Let the H8ers use their own money and not funds of the State.

Thanks for posting the good news. :hi:

[csziggy]

9. Now if the courts will find that the H8ers have no standing

Since nothing in the marriage of same sex couples will damage them in any way.

The fight might be over in California.

[yowzayowzayowza]

4. Excellent!! K&R n/t

[m00nbeam]

5. Great news!

The state should not be forced to defend a law that on its faces is completely unconstitutional.

[David Zephyr]

6. Great News!

:)

[BurtWorm]

7. Excellent.

:applause:

[me b zola]

8. K&R!

[Swamp Rat]

10. Woohoo!!

:woohoo:

[cojoel]

11. not "upholding" their duties?

The opponents of this ruling claim the Gov and AG are not upholding their duties by not taking the decision to appeal. The case was tried in court and was lost. There is no obligation at that point to appeal anything. That is a decision to be made by the AG as to whether the state interests are best served by taking it to appeal. The case was evaluated and the AG determined the state interests are best served by accepting the decision of the district court. The opponents claim fails on its merits.