California Supreme Court Won’t Force State’s Defense of Prop 8


Some news out of the California state courts today on Perry v. Schwarzenegger, the Prop 8 case. Metroweekly's Poliglot section has a great summary here. This is part of the Prop 8 proponents' continuing saga of trying to force Governor Schwarzenegger and Attorney General Brown to defend Prop 8 at the Ninth Circuit.

Sb They went to California state court to force the state to act, but the lower court summarily rejected that long-shot attempt. The Prop 8 proponents appealed, asking a higher California court to force the Governor's hand. Today, Schwarzenegger and Brown filed papers stating in no uncertain terms that they have the discretion to determine when and what to appeal and that any appeal in the Prop 8 case would be "frivolous". A few hours later, the California Supreme Court agreed with Schwarzenegger and Brown, as reported here.

This was the longest of long shots. Had the California Supreme Court come to any other conclusion, it would have raised any number of separation of powers issues.

As of now, since the Prop 8 proponents' organization is still the only party appealing Perry to the Ninth Circuit, the standing issue is still front and center.


  1. Paul R says

    I can’t claim full legal knowledge of the issues involved, but what if they had defended it and done a completely ass backwards job (on purpose)? Just a terrible, unconvincing, sympathetic defense? Wouldn’t that hurt Prop 8 even more?

  2. TampaZeke says

    Obama could, and has every right to, do the same thing with the DOMA challenge.

    Strange that a Republican Governor who never ran on a gay rights platform refuses to defend an unjust law making marriage equality illegal but our Democratic President who DID run on a gay rights platform, including a promise to repeal DOMA, insists on defending an unjust, anti-marriage equality law.