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Tuesday, January 4, 2011

Prop 8 Goes Back to California Supreme Court

As readers of this blog know, California Governor and former Attorney General Jerry Brown, former Governor Arnold Schwarzenegger, and new Attorney General Kamala Harris have all abandoned their duty to defend the state constitution. So defending the amendment voted in by the people of California as Proposition 8 has been left to others. David Lauter reports at LATimes.com on the latest development in the case, which is not a surprise.
The U.S. 9th Circuit Court of Appeals has asked the California Supreme Court to rule on whether the groups that put California's ban on gay marriages onto the ballot have the legal right to defend the ban in court.
It's... not...a...ban.
That question will now go to the California Supreme Court, which will advise the federal judges about whether, under California law, the official supporters of a ballot initiative have the right to defend it in court if the governor and attorney general decline to do so.
Considering the California Supreme Court recently allowed the amendment supporters to defend the amendment in its own court, and they subsequently upheld the amendment, I don't see how they could now decide that the defendants wouldn't have standing. Or will the retirement and replacement of Chief Justice Ronald George change everything?

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