I disagree. They're substituting their personal beliefs for their duty, just as the judge is inserting his personal beliefs into the Constitution. On the other hand, it would be worse to have the state half-heartedly argue the case for a proposition and lose (throw) the case. Maybe the solution is to give the organizations advocating the proposition guaranteed standing to defend it. Or give standing to anyone who voted for it, as someone else suggested here.
“Here’s the thing, I’m ok with Brown and the Governator choosing not to appeal the Prop 8 ruling. They’re humans in positions of leadership and using their own perspectives to make judgments. I’d want the same thing if the shoe was on the other foot and the will of the people was FOR gay marriage. I’d want them to use their intelligence and lead!”
They took an oath to defend the constitution. As of today Prop 8 is part of the california constitution, so they either should uphold their oath or resign. They cannot arbitrarily do as they will. By your standard they can break laws with impunity.