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Sunday, September 5, 2010

Proposition 8...3rd Appellate Court dismisses appeal! State won't intercede!








This past week, the 3rd District Court (Sacramento) dismissed a lawsuit lodged by supporters of Proposition 8, that sought to compel the State to the participate in a legal proceeding that seeks to permanently ban same-sex marriages in California pursuant to the initiative passed by voters.

The suit was fled on behalf of Ministers in the Los Angeles area by Pacific Justice Institute.

In response, the conservative group vowed to petition the California Supreme Court right away to ensure the Justices issue a ruling prior to a deadline set for September 11 which requires State Action before that date looms large next week.

Although the Justices in the 3rd District were “mum” on their refusal to review the issues, legal eagles for the petitioners were quite vocal about a perceived injustice.

“When the people peacefully enact a constitutional provision and the Attorney General refuses to give them meaningful review in the Federal Jurisdiction, then you have a veto by the executive branch,” accused Kevin Snider.

“That is a constitutional crisis that usurps the power of the people,” the attorney for the Institute concluded angrily.

Governor Schwarzenegger and Jerry Brown (Attorney General) have both refused to step into the fray in Federal Court in respect to the issue of same-sex marriage in the State of California.

Both politicians have stated for the record that they do not intend to appeal Judge Vaughn’s findings that the same-sex ban on marriage in California should be lifted on basic Constitutional grounds.



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