A California state appeals court has denied a conservative law group’s request that it force Attorney General Jerry Brown and Gov. Arnold Schwarzenegger to defend Proposition 8 in federal court.
The denial was issued Wednesday and entered Thursday on the website of the 3rd District Court of Appeals in Sacramento. [Fresno Bee]
Without explanation, the court denied a motion filed on Monday by Pacific Justice Institute on behalf of Joshua Beckley, a senior pastor at Ecclesia Christian Fellowship in San Bernardino, that sought to force the AG and Governor to defend the anti-gay-marriage law in the federal appeals case. [Court order here (PDF).]
The group had argued that Brown and Schwarzenegger have no right to pick and choose what state laws to uphold.
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Both Brown and Schwarzenegger were named as defendants in the federal trial challenging Prop 8, and refused to defend it in court; both have said they believe Proposition 8 violates the U.S. Constitution.
If upheld, the ruling could prove significant in the federal case involving Prop 8.
U.S. District Court Judge Vaughn Walker has indicated that Prop 8 proponents may not have a legal right to appeal his decision to allow same-sex unions in California, because they cannot prove they will be harmed — as required by law — if gay and lesbian couples wed.
