Friday, September 10, 2010

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

San Francisco Chronicle
September 9, 2010

The state Supreme Court refused to come to the aid of California's embattled ban on same-sex marriage Wednesday, denying a conservative group's request 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' 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.