I'm staying out of this one folks!
California's highest court refused to force the Governor and the State Attorney Generals office to lodge an appeal on a same-sex marriage issue that is currently pending before the courts.
The State's Supreme Court was asked by a conservative group backing Prop 8 to issue a finding that State representatives were required to take up the cause of a ban on same-sex marriage which was voted into law by ballot initiative with a nod from the voters in California by a majority.
To the frustration of some, the Justices didn't back their refusal to hear the matter with any explanation.
In response to the critics, Jerry Brown's staff in the State Attorney Generals Office noted that their office has the right to choose which cases to challenge or defend.
In this instant case, Jerry Brown publicly took the position that he would not back Prop 8 because it was unconstitutional, in his estimation.
The Governor's office was in accord when fielded questions Wednesday.
"The Governor, like any litigant has complete discretion over his own litigation strategy, including whether or not to appeal an order," Andrew Stroud, counsel for Governor Schwarzenegger, wrote in response.
"Here, the Governor exercised his discretion and decided not to appeal," he concluded, with little more ado.
After the Nation's first trial court on the issue, a Federal District Court Judge in San Francisco ruled on August 4th (2010) Prop 8 discriminated on the basis of sexual orientation and gender and violated the right of equality of marriage to same-sex couples.
At that time, Judge Vaughn Walker questioned the legal standing of a party in the action to file an appeal of his order with the higher court.
With that in mind, the Judge stayed his ruling to allow a Prop 8 Supporter - Project Marriage - the opportunity to approach State Officials for backing on the issue in the appeals arena.
The refusal of both the Governor and the State Attorney General to step into the fray means that their chances of overturning the ruling on appeal (when it is heard by the 9th Circuit in the near future) are iffy.
In fact, legal eagles are speculating that the appeals court may throw out the Prop 8 proceedings on procedural grounds without ever deciding the constitutionality of the initiative.
In that event, the Justice may be pleased they weren't forced to handle that hot potato!
News at 11!
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