Posted on 10/13/2010 9:01:31 PM PDT by SmithL
SAN FRANCISCO -- In defending his refusal to appeal a judge's order overturning California's ban on same-sex marriage, Attorney General Jerry Brown said the sponsors of the ballot measure can appeal it themselves - a statement that might aid their efforts to preserve the ban in court.
Brown, the Democratic candidate for governor, made the comment in Tuesday's debate after Republican Meg Whitman criticized his non-defense of Proposition 8, the November 2008 initiative defining marriage as the union of a man and a woman.
"You can't have a governor or attorney general who makes a decision on what part of the (California) Constitution they're going to defend," Whitman said, referring to the decisions by both Brown and Gov. Arnold Schwarzenegger to stay on the sidelines during the Prop. 8 trial.
Brown replied that he also had a duty to defend the U.S. Constitution and had concluded Prop. 8 violates the federal guarantee of equal protection.
Chief U.S. District Judge Vaughn Walker reached the same conclusion in August, saying Prop. 8 discriminates on the basis of gender and sexual orientation and violates gays' and lesbians' right to choose a spouse.
"I'm not going to appeal it because it can be appealed by the parties," Brown said in the debate.
(Excerpt) Read more at sfgate.com ...
This is what the left really thinks of the will of the people.
Their support of the gay agenda should be hung around the democrats necks like an albatross.
We need an amendment to the California state Constitution thatmandates the Governor and Attorney General defend all California laws in court.
We need an amendment to the California state Constitution that mandates that the Governor and Attorney General must defend all California laws approved by the people in court.
I think it already does - and no mention of the US Constitution - I would think that office must put CA first....
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 13. Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. The Attorney General shall have direct supervision over every district attorney and sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their respective jurisdictions as to the Attorney General may seem advisable. Whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violations of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney. When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office.
She should have nailed him on that and followed up.
Will he agree to appeal it if the judge finds that the parties he refers to do not have standing?
nothing RIGHT in this country is going to happen as long as the courts are controlled by the LEFT
A good start to remedy this will be Nov 2.
Do hope all those disenfranchised voters in CA vote to appeal his cantidacy—sic. Vote for anybody but him.
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