California Supreme Court Asks Why the Attorney General and Governor Have Not Filed the Appeal

September 8, 2010

Late yesterday the California Supreme Court responded to a request by the Pacific Justice Institute to compel the Attorney General and the Governor to file the appeal in the federal challenge to Proposition 8. 

In August, a federal court in San Francisco overturned the voter approved measure that stated that marriage is between one man and one woman.  While the Ninth Circuit Court of Appeals has agreed to hear the appeal of the lower court's decision, they have made clear that there is a question whether the parties before them have standing to pursue the appeal.  The Attorney General as well as the Governor have failed to file the appeal in this matter based on their personal opposition to Proposition 8.  The proponents of the ballot measure took on the State's job of defending the measure in court.

The California Supreme Court has ordered the Attorney General and the Governor to respond by 9 am this morning explaining why they have not filed this appeal.  Then the Pacific Justice Institute has just three hours to respond by noon today.

"We are pleased that the judicial branch is at least considering forcing the executive branch to do its job," said Karen England, Executive Director of Capitol Resource Institute.  "Millions of Californians voted for Proposition 8.  The issue should be heard all the way up to the US Supreme Court.   No elected official ought to be able to substitute his judgment for the decision of our courts."