Gov. Schwarzenegger will not appeal the Prop 8 Court Decision

Today, Gov. Schwarzenegger said that he will not appeal the Prop 8 court decision to the 9th Circuit.

Here's the scoop from Keen News Service:

The definitive statement means the ability of Proposition 8 proponents to appeal will depend entirely on the legal standing of the Yes on 8 coalition.

Governor Schwarzenegger had until September 11 to make a decision and, though his position on marriage equality for gay couples has been changing, his most recent statements seemed to indicate he would not direct the state’s attorney general to appeal the decision from the U.S. District Court in San Francisco.

That decision, issued August 4 by Judge Vaughn Walker, found Proposition 8 violates the federal constitutional guarantee to equal protection. The Yes on 8 coalition filed its appeal and a three-judge panel of the 9th Circuit has said it will hear the appeal during the first week of December, along with arguments concerning whether the Yes on 8 coalition has standing to appeal.

Hoping to shore up the legitimacy of that appeal, the Pacific Justice Institute, a conservative legal group, filed an appeal—Beckley v. Schwarzenegger—to the California Supreme Court this week, asking it to force the governor to instruct the attorney general to join the appeal in the 9th Circuit. The state supreme court ordered the governor and attorney general to weigh in on this matter today.

Attorney General Jerry Brown sent his statement today, check it out:

Attorney General Jerry Brown's response to Pacific Justice Institute's Appeal

Hat Tip to Metro Weekly for the letter. More info is there on their site.

Interesting Quote: Jerry Brown

My record is that of a pioneer. I appointed the first gay and lesbian judges in California and to the [University of California] board of regents. This was pioneering in the '70s. I signed the first nondiscrimination act…so I’m very proud of that. I don’t know what Ms. Whitman’s record is, but I’m a person who’s inclusive, who’s open to the diversity of California. And that will certainly be the spirit of my governorship.

His reasons on why we should vote for him.

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The Pacific Justice Institute is trying to Force Jerry Brown and Gov. Schwarzenegger to defend Prop 8

These legal group are silly. The Pacific Justice Institute believe that Jerry Brown and Gov. Schwarzenegger should defend Prop 8.

In fact, these doorknobs are suing them to do so.

The Pacific Justice Institute petitioned the 3rd District Court of Appeal in Sacramento on Monday for an emergency order that would require the two officials to appeal a ruling that overturned Proposition 8.

Chief U.S. District Judge Vaughn Walker struck down the voter-approved measure as unconstitutional last month.

Its sponsors have appealed. But doubts have been raised about whether they have authority to do so because as ordinary citizens they are not responsible for enforcing marriage laws.

The state has until Sept. 11 to challenge Walker's ruling in the 9th U.S. Circuit Court of Appeals. Both Brown and Schwarzenegger, who also refused to support Proposition 8 in Walker's court, have said they do not plan to.

The institute is arguing that as the state's chief law enforcement officer, Brown does not have discretion to defend only laws with which he personally agrees.

These haters won't quit. Also on a side note, these are fools who tried to go after Halloween and Harry Potter... It's a shame, really.

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READ Jerry Brown's Opposition to Protect Marriage's Desperate Emergency Motion

CA9Doc-8

If you want to read Protect Marriage's mess, go here

Jerry Brown and Arnold Schwarzenegger filed a motion for No Stay on the Prop 8 Decision

It's moving along, folks!

No Stay on the Prop 8 ruling!!!

SF Weekly has the story:

Attorney General Jerry Brown has filed a motion with Judge Vaughn Walker requesting that no stay be placed on the ruling overturning Prop. 8. If Walker lifts the current stay, it would lead to a brief period of legalized same-sex marriage until the 9th Circuit Court of Appeals officially takes the case and imposes its own stay. "As the Attorney General has consistently stated and as was convincingly demonstrated at trial, Proposition 8 violates the Fourteenth Amendment of the United States Constitution," reads Brown's motion. "Defendant-Intervenors thus cannot demonstrate a likelihood of success on the merits in their appeal of this Court's Order." Brown's motion was filed moments before Gov. Arnold Schwarzenegger's -- which also argued against continuing the stay.

Get Ready for Constitutional Revolution

The fight for marriage rights continues as the supporters of Prop 8 strike at Jerry Brown. They believe that Brown's stance on the measure is a far-fetched theory.

The lawyers for the Protect Marriage Coalition states "The people have the final word on what the California Constitution says. The practical result of the attorney general's theory is that the people can never amend the Constitution to overrule judicial interpretations of inalienable rights."

Even if the amendment borders on discrimination or stupidity, should it be honored? Just wondering.

Also in the mix is Ken Starr, who believes Brown’s theory is "utterly without foundation in this court's case law" and "is not only unprecedented but contradicts the most basic understanding of the role of the judiciary in a constitutional democracy."

Brown basically cast off Starr and others who thinks he stance is crazy, and continues to believe Prop 8 is unconstitutional. So it seems the battle may not end quickly as we thought. However we will learn more about the law than we need to.

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Today in Prop 8 land...All eyes on Jerry

Attorney General Jerry Brown has until noon today to respond to multi-suits filed to challenge Prop. H8.

His work won't directly address the validity of the Proposition, but it will question if the justices should accept the suits for review at all. It will also make a case if the justices should suspend Prop. H8 all together.

If they do suspend the Prop H8, same-sex marriages are back on track, which would be good for the economy. The response will be quick and hopefully in our favor. But I wonder, if we win the suits, what will happen on the religious side. Will we see the second coming of Christ or Joseph Smith Jr.? Or will they finally realize they can not reshape the world in their image.