California Appeals Court Rejects Attempt to Force Schwarzenegger and Brown to Defend Prop 8

Beckley

A conservative group called the Pacific Justice Institute petitioned the 3rd District Court of Appeal on Monday, seeking to force California Governor Arnold Schwarzenegger and Attorney General Jerry Brown to defend Prop 8 in court, something both have said they will not do.

According to a notice posted to the court's website, that petition has been denied. Presiding Justice Arthur Scotland rejected the petition without comment.


Towleroad News #gay

—  John Wright

CA Court rejects right wing effort to force Gov. and AG to defend Prop. 8

The latest effort by the right wing opponnets of same-sex marriage in California have lost another one.

As reported earlier this week, the Pacific Justice Institute went to court in an attempt to force Governor Schwarzenegger and Attorney General Brown to defend Prop. 8. The Governor is the named defendant, but both he and Brown have refused to defend Prop. 8. The supporters of Prop. 8 are worried about their standing to appeal the case, hence, this legal “Hail Mary.”

It didn’t work.

Today, the California Court of Appeals, Third Circuit, rejected the Pacific Justice Institute’s suit.

H/T Wockner.




AMERICAblog Gay

—  John Wright

Right wingers trying to force CA’s Gov. and AG to defend Prop. 8

So, the people who support Prop. 8 have gone to state court in an effort to force California’s Governor and Attorney General to defend the ban on same-sex marriage in federal court:

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.

The Pacific Justice Institute petitioned the 3rd District Court of Appeal in Sacramento on Monday for an emergency order that would require state officials to appeal a ruling that overturned Proposition 8.

Seems to indicate the proponents of Prop. 8 are a bit freaked over their standing in the case.

For a thorough discussion of the standing issue, check out the post from USC Constitutional Law Professor David Cruz titled, Do the Prop 8 Proponents Have Standing to Appeal?




AMERICAblog Gay

—  John Wright

Gubernatorial Candidate Meg Whitman Says California Should Defend Prop 8

“I think the governor of California and the attorney general today have to defend the Constitution and have to enable the judicial process to go along … and an appeal to go through. So if I was governor, I would give that ruling standing to be able to appeal to the circuit court.”

~Republican Gubernatorial Candidate Meg Whitman

Image: Meg Whitman, Republican Candidate For Governor Of CaliforniaIf the self-financed Republican candidate for Governor of California (who apparently had never bother to registering as a voter/voting before 2002) had her way, the state in the worse financial shape in the country would spend money defending Prop 8. How many teachers salaries could the state pay for with the money the state would spend defending Prop 8; how much infrastructure could be paid for with the money the state would spend defending Prop 9; how many state workers would have their mandatory three furlough days off a month reduced with the money the state would spend defending Prop 8…Meg Whitman doesn’t care. She believes California should spend its extremely short resources defending Prop 8.

From the San Francisco Chronicle‘s Meg Whitman says state should defend Prop. 8:

GOP gubernatorial candidate Meg Whitman – trying to tamp down opposition from conservatives who say she is undermining them – criticized Gov. Arnold Schwarzenegger and Attorney General Jerry Brown on Friday for not defending California’s same sex-marriage ban, now before a federal appeals court.

Whitman’s first definitive statements on how she would handle the issue as governor came hours before she spoke at the opening of the three-day state GOP convention in San Diego, where she is facing open hostility from conservatives over her positions on illegal immigration and climate change.

From the Sacramento Bee‘s Meg Whitman says she would defend Proposition 8:

Republican gubernatorial candidate Meg Whitman said Friday that she would defend voter-approved Proposition 8, which prohibits same-sex marriage, if she becomes governor next year.

The announcement, made just hours before she addressed the California Republican Party convention here, put the Republican candidate at odds with both Republican Gov. Arnold Schwarzenegger and Attorney General Jerry Brown, Whitman’s Democratic rival in the governor’s race. Both Schwarzenegger and Brown have refused to defend the law against court challenges.

…When asked by The Bee, however, during a campaign stop Friday whether she’d defend Proposition 8, she said, “The issue right now is, as I understand it, is ‘Will Proposition 8 have the appropriate support to actually make an appeal to the Circuit Court of Appeals?’

“And I think the governor, the attorney general today has to defend the constitution and has to enable the judicial process to go along and has to enable an appeal to go through,” she continued. “So if I was governor, I would give that ruling standing to be able to appeal to the circuit court.”

So to shore up her position with social conservatives, she takes a stance that’s fiscally unsound. Nice.

As a Calfornian who is concerned about how broke the state is, if me must see Prop 8 defended let’s let the state “outsource” defense of Prop 8 to the Alliance Defense Fund — at the Alliance Defense Fund’s expense.

Hey, one can make the reasoned, fiscally conservative argument that letting the private sector handle this appeal would save the state a whole lot lot of cash the state just doesn’t have. One doesn’t even have to be a fan of freedom, equality, and justice for lesbian, gay, bisexual, transgender, and queer (LGBTQ) people to find fault with Meg Whitman’s stance on the appeal of Prop 8 — Just from a fiscal perspective, California just can’t afford the millions of dollars it would take to defend Prop 8.

So again, if Prop 8 is to be defended through the Appeals process, let the conservative Christians and Mormons who financed Prop 8 now fund the initiative’s defense via their leaders’ chosen legal team — the Alliance Defence Fund. It’s the fiscally conservative thing for California to do.
Pam’s House Blend – Front Page

—  John Wright

Meg Whitman: ‘I would Defend Prop 8′. Courage Campaign: ‘You Can’t’

At a news conference yesterday, California GOP gubernatorial candidate Meg Whitman said that, unlike Governor Arnold Schwarzenegger or Attorney General Brown who have declined defending the measure, she would defend Proposition 8 if elected governor:

Whitman"The issue right now is, as I understand is 'Will Proposition 8 have the appropriate support to actually make an appeal to the circuit court of appeals?' " Whitman said. "And I think the governor, the attorney general today has to defend the constitution and has to enable the judicial process to go along and has to enable an appeal to go through. So if I was governor, I would give that ruling standing to be able to appeal to the circuit court."

The Courage Campaign took Whitman's hypothetical situation and threw it in the trash.

Said Courage Campaign director Rick Jacobs:

"She wouldn't be governor yet. The appeals court will decide before there would be a change of governor and attorney general…You're going to see us making it clear that Meg Whitman is unqualified to be governor on any stand."


Towleroad News #gay

—  John Wright

Whitman: I’d Defend Prop. 8

Whitman x390 (Getty) I Advocate.comThe GOP nominee for California governor, and former eBay CEO, said on Friday afternoon that she would
defend antigay Proposition 8 in court if she were elected.

Advocate.com: Daily News

—  John Wright

How Will GA Republican Gov. Candidate Karen Handel Defend Herself About Teaching The Gay to Teens?

Karen Handel, Georgia's former secretary of state and governor hopeful, keeps getting slammed with claims from opponents that she's too pro-gay. Which is a shame, because Handel wants everyone to know she hates homosexuals so much she never wants to see them married or have domestic partnership benefits or adopt kids. Isn't that enough?!

CONTINUED ยป


Permalink | Post a comment | Add to del.icio.us


Tagged: , , , , ,

Queerty

—  John Wright