If they refuse to supply cover, they are to be ignored.
Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.
Posted on 08/17/2010 7:44:32 AM PDT by SmithL
When 52 percent of California voters passed Proposition 8 in November 2008, Attorney General Jerry Brown said he would defend the measure during the inevitable appeals. Then, as is his fashion, Brown changed his mind.
Ditto Gov. Arnold Schwarzenegger, who twice vetoed same-sex marriage bills passed by the Legislature in deference to California voters who passed an earlier same-sex marriage statute in 2000.
But after Prop. 8 passed, both refused to defend the measure.
This month, after U.S. District Judge Vaughn Walker ruled that Prop. 8 is unconstitutional, both Brown and Schwarzenegger urged Walker to lift a stay on his ruling - the will of the voters be damned. They didn't even want to wait for the appeals process to play out.
If Walker has his way, there might not be a valid appeal. Last week, the judge wrote that the proponents who represented the measure in his court may not have legal standing to appeal. That could mean that if Brown or Schwarzenegger do not intervene, no one will be in a position to challenge Walker's decision, which the Ninth U.S. Circuit Court of Appeals stayed late Monday.
Who will represent Prop. 8? Walker wrote, "proponents may have little choice but to attempt to convince either the governor or the attorney general to file an appeal to ensure appellate jurisdiction."
The conservative website flashreport.org is working to push the governor to defend the measure. "You took an oath when you became governor to uphold the Constitution of this state, and that includes the duty to see that the law is faithfully executed, including the constitutional right of the people of this state to amend their Constitution by initiative," explained constitutional law expert John C. Eastman.
The heat, however, should be on Brown, who is running for governor.
(Excerpt) Read more at sfgate.com ...
This is the one of the shocking, underreported issues of this matter. It’s shocking to me that a state is sued over a law, and high officials of that state made a conscious decision not to defend the state in a court of law.
Would Attorney General Moonbeam have decided not to defend the state in a lawsuit over its global warming law? Or any other law for that matter? How about Governor Terminator?
They are both derelict in their duties by not enforcing the law and doing their jobs. Part of their jobs involve defending the state in lawsuits. The state is sued all the time on various matters. Are there any others where the state officials simply stand aside and say, that they won’t defend the state in a lawsuit? Do they only do that on “gay” oriented laws? Any examples where this has happened in the past?
Sure. Our betters represent us. And when we vote wrong, they tell us so, and fix it for us.
There's a quaint term you never hear anymore -- public servant.
do any of our “leaders” actually consider themselves to be our representatives and/or public servants?
We are the “public” and we are the “servants” They, our representatives, are the elite. We must do all we can to turn that around - starting in November.
Can you imagine the tar and feather party they would have had if this happened 100 years ago—even 50 years ago? One judge usurping an entire mandate from the electorate?
CA has been neutered apparently.
That’s why I’m so glad I live in Massachusetts! Our “representatives” don’t even let us waste our time by letting us vote on this issue! <sarc
Allow the Knights of Columbus, who have publicly supported Prop 8 from its inception, join the appeal as as an interested party, which provides “standing” — and permit them hire competent counsel at the state’s expense.
The Arizona Atty General, Terry Goddard-D, said he didn’t agree with SB 1070 but would defend it in court. Gov Brewer replaced him with private attorneys paid for by donations. I don’t know that the private attorneys did a good job but certainly did no worse than an Atty Gen who has no passion for the case. You can’t fight a judge who ‘knows better’ than the overwhelming percentage of voters who passed SB 1070 here. Goddard is the D running against Brewer in November for Governor. Any bets on how well he will do?
Shocking but not surprising. See California Proposition 187 at Wikipedia
Sure. They're called "Texans" or "Arizonans."
-PJ
I would think any voter who voted against gay “marriage” in California would have standing.
Remember. We never gave up all of our rights. What we did was allow the government to be our advocates. We can reclaim our rights any darn time we feel like it. Any time the government fails in it’s duties.
If they refuse to supply cover, they are to be ignored.
Stuff happens,, can California get it’s ‘jiggy’ back?
I disagree. They're substituting their personal beliefs for their duty, just as the judge is inserting his personal beliefs into the Constitution. On the other hand, it would be worse to have the state half-heartedly argue the case for a proposition and lose (throw) the case. Maybe the solution is to give the organizations advocating the proposition guaranteed standing to defend it. Or give standing to anyone who voted for it, as someone else suggested here.
That's what happened to Prop 187 over ten years ago.
“Here’s the thing, I’m ok with Brown and the Governator choosing not to appeal the Prop 8 ruling. They’re humans in positions of leadership and using their own perspectives to make judgments. I’d want the same thing if the shoe was on the other foot and the will of the people was FOR gay marriage. I’d want them to use their intelligence and lead!”
They took an oath to defend the constitution. As of today Prop 8 is part of the california constitution, so they either should uphold their oath or resign. They cannot arbitrarily do as they will. By your standard they can break laws with impunity.
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