Group Wants California to Defend Prop. 8

A conservative legal group filed a court petition Monday seeking to force California governor Arnold Schwarzenegger and attorney general Jerry Brown to defend Proposition 8.

According to the Associated Press, “The Pacific Justice Institute petitioned the Third 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.”

The petition arrives as Prop. 8 supporters face doubts about their standing to appeal the ruling from Judge Vaughn Walker because they are average citizens without the enforcement powers of elected officials. Schwarzenegger and Brown refused to support Prop. 8 in court and have declined to appeal the ruling.

“The appeals court has scheduled oral arguments for the second week in December,” AP reported. “But both Walker and the lawyers who persuaded him to invalidate the gay marriage ban on behalf of two same-sex couples and the city of San Francisco have said that measure's backers may not have legal standing to ask the court to overturn Walker.”

Some legal observers said it was unlikely the judicial branch would compel the executive branch to get involved given concerns about separation of powers.