A conservative legal group is trying to force Gov. Arnold
Schwarzenegger and Attorney General Jerry Brown to defend California's
gay marriage ban in court.
Suit filed on behalf of Pastor Joshua Beckley seeks to compel state leaders to defend Prop. 8.
The Pacific Justice Institute petitioned the 3rd District Court of Appeal in Sacramento on Monday on behalf of Pastor Joshua Beckley of San Bernardino's Ecclesia Christian Fellowship Church for an emergency order that would require the two officials to appeal a ruling that overturned Proposition 8.
Chief U.S. District Judge Vaughn Walker struck down the voter-approved measure as unconstitutional last month.
Its sponsors have appealed. But doubts have been raised about whether they have authority to do so because as ordinary citizens they are not responsible for enforcing marriage laws.
The state has until Sept. 11 to challenge Walker's ruling in the 9th U.S. Circuit Court of Appeals. Both Brown and Schwarzenegger, who also refused to support Proposition 8 in Walker's court, have said they do not plan to.
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.
Equality California's Geoff Kos said, "This is an outrageous attempt to try and force elected officials who have sworn to uphold the United States Constitution to defend a law that the Federal Court has found to be unconstitutional. It demonstrates their acknowledgement that the proponents of Proposition 8 lack standing to appeal, that the case should be dismissed and loving same-sex couples should be allowed to exercise their constitutional right to marry."
Source: Black Voice News
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