The California Supreme Court has refused to force the state government to defend Proposition 8.
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, 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.
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