Conservative Legal Group Attempts to Force State Officials to Defend Proposition 8

September 1, 2010-According to reports a California legal group is attempting to force both Gov. Arnold Schwarzenegger and radical leftist, Attorney General Jerry Brown, to defend the gay marriage ban in court.

Monday the Pacific Justice Institute petitioned the 3rd District Court of Appeals in Sacramento in an emergency order that will require both Schwarzenegger and Brown to appeal a ruling that overturned Proposition 8.

This action comes after last month’s voter approved measure that was struck down as unconstitutional by Chief U.S. District Judge Vaughn Walker.

Sponsers of this have appealed the ruling, but it has come under fire whether they have the authority as regular citizens who do not have the authority to enforce marriage laws.

According to the institute Brown who is California’s chief law enforcement officer does not have the right to defend only the laws he personally agrees with. Schwarzenegger as governor has the final say when he and Brown disagree on legal manners.

This is the reason for the group to state in their lawsuit the governor is duty-bound to file an appeal to preserve Proposition 8. September 11 is the deadline to challenge U.S. District Judge Walker’s ruling in the 9th Circuit Court of Appeals.

Schwarzenegger and Brown both have stated they do not plan to appeal the ruling. Pacific Legal Institute Brad Dacus stated Tuesday that the allowance of elected officials to go against the will of the people by being idle would be a violation of trust for the public.

The motion brought by the legal group was done on behalf of the pastor of the San Bernardino Ecclesia Christian Fellowship Church, Joshua Beckley. Included was a declaration of support by the former U.S. Attorney General Edwin Meese III.

According to Meese who served as attorney general under President Ronald Reagan and as his legal advisor while governor stated Reagan never refused or declined to defend a law on the based on my agreement as a matter of policy.

In both legal filing and public statements Brown has said he cannot defend Proposition 8 because he feels it is an unconstitutional violation of California’s gay civil rights and he is sworn to uphold the state and federal constitution.

Christine Gasparac spokeswoman for Brown stated Tuesday that he does not believe he can be forced to prosecute an appeal for a decision he agrees with.

Oral Arguments are scheduled for the second week in December, however Walker and the attorneys that convinced him to invalidate the gay marriage ban on behalf of two same sex couples and the city of San Francisco stated that backers might not have the legal standing to ask the court to overturn Walkers decision.

The couple’s legal team’s Theodore Boutrous Jr. said he feels it is unlikely the state court will order Schwarzenegger and Brown to take action, because like the federal government the executive and judicial branch operates independently.