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-Lawsuit Filed to Force California Attorney General to Defend Marriage Amendment

by Dr. D ~ September 2nd, 2010

Former Governor (now California Attorney Gener...

(Jerry Brown via Wikipedia)

The Pacific Justice Institute (PJI) on Monday filed a lawsuit in state court in order to force California’s governor and attorney general to defend the Prop. 8 Marriage Amendment. 

So far Governor Schwarzenegger and Attorney General Jerry Brown have both refused to appeal California Supreme Court Judge Vaughn Walker’s ruling which overturned the  voter-approved traditional marriage amendment.

The lawsuit asks the court to enforce a state code that commands the attorney general to defend the state and its officials against any legal challenges. Commenting on the lawsuit Brad Dacus, president of PJI said:

“By refusing to do their jobs, the Attorney General Jerry Brown and Gov. Schwarzenegger are effectively vetoing the voices of seven million voters in California. This is an egregious violation of public trust and a direct violation of the law in the State of California. And, by doing this, they are aiding and abetting judicial activism.”

Response: Judge Walker set it up so that those who brought the original lawsuit did not have standing to appeal it to the 9th Circuit. According to the judges ruling only the Attorney General or Governor of the State could appeal his ruling.

The 9th Circuit itself could over-rule that understanding and view the case anyway. However, this suit is proactive and challenges the Governor’s and the Attorney General’s negligence in doing their duty.

By not taking action and letting the case go to the next level Arnold Schwarzenegger and Jerry Brown have put their own opinions on marriage before their duties and the opinions of over 7 million voters.

This is a case that needs to be fairly heard and decided on its merits and not left to activism on either side. Judge Walker’s biased ruling has implications that could effect the entire country.

The case needs to be adjudicated by the 9th Circuit and eventually should properly go before the US Supreme Court. Otherwise the fix is obviously in and 7 million votes no longer mean anything in California or in the nation.             *Top of The Blog

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1 Response to -Lawsuit Filed to Force California Attorney General to Defend Marriage Amendment

  1. -UPDATE: California Court Rejects PJI Petition to Force State Officers to Defend Marriage | ANSWERS For The Faith

    […] -Lawsuit Filed to Force California Attorney General to Defend Marriage Amendment […]

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