The Supreme Court was emphatic that it would "undermine" the California ballot initiative process if the governor and attorney general can trump the voters by declining to defend such laws in the courts.Now we get to find out how an amendment to the Constitution can in itself be declared unconstitutional. Doesn't make sense to me, but the gay lobby and the liberal judges will do everything they can to kill this amendment.
"The inability of the official proponents of an initiative measure to appeal a trial court judgment invalidating the measure, when the public officials who ordinarily would file such an appeal decline to do so, would significantly undermine the initiative power," Chief Justice Tani Cantil-Sakauye wrote for the [unanimous] court....
"This frees up the 9th Circuit to go ahead and decide the constitutional issues on the merits," said Theodore Olson, former U.S. Solicitor General during the Bush administration. "We're anxious to get to a decision on the merits that Proposition 8 is unconstitutional."
Friday, November 18, 2011
The voters passed Proposition 8, the gay marriage ban, by a significant margin, thus amending the California State Constitution. When the law was challenged in court, the governor and attorney general refused to defend it, and when the proposition's backers wanted to provide a defense, the gay lobby tried to bar them on a basis of legal standing. Yesterday the California Supreme Court ruled the governor and attorney general can't trump the will of the voters by refusing to defend a measure. If they won't do it, the backers of the proposition have legal standing and can provide a defense: