CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
The California supreme court Wednesday rejected a last-ditch attempt by Proposition 8 backers to force an appeal by state officials in the high-profile federal case.
Justices did not explain their order in the matter, the Associated Press reports.
The ruling comes one week after a conservative legal group petitioned a California appeals court to require Gov. Arnold Schwarzenegger to appeal the case, Perry v. Schwarzenegger. But the court subsequently denied the petition filed by the Pacific Justice Institute on behalf of Joshua Beckley, a senior pastor at Ecclesia Christian Fellowship in San Bernardino.
Pacific Justice had asked in its petition that Schwarzenegger and state attorney general Jerry Brown, the original named defendants in the Prop. 8 suit, formally file an appeal notice of Judge Vaughn Walker's decision before a September 11 deadline.
In August, Walker ruled the ballot measure unconstitutional, writing that it "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."
With the California supreme court's refusal to order an appeal by the state, Prop. 8 supporters who intervened in the case after Schwarzenegger and Brown declined to do so will be tasked with defending Prop. 8 on appeal before the U.S. court of appeals for the ninth circuit in December.
Their standing to do so remains in question: A three-judge panel last month ordered that Prop. 8 proponents include in their briefs to the court "a discussion of why this appeal should not be dismissed for lack of [standing]."
Earlier on Wednesday, Karen Ocamb of LGBT POV reported that Schwarzenegger and Brown were ordered to offer briefs to the high court explaining why they have not filed an appeal in the case. "The attorney general's decision not to appeal in Perry v. Schwarzenegger from a judgment he agrees with is an ordinary and sound exercise of the discretion secured by law to his office," Brown's staff wrote.
Kevin Snider, chief counsel for Pacific Justice Institute, said that Brown and Schwarzenegger's stance denies voters the right "to a fair and meaningful review of Prop. 8 in the appellate courts."
But in explaining his position, Brown told The Advocate last week that the state supreme court's pre-Prop.8 opinion granting marriage rights to same-sex couples in 2008 weighed heavily on his decision not to defend the ballot measure in court.
"Once our own constitutional body determined that that was a fundamental right, even though the people passed Proposition 8, I felt that the Fourteenth Amendment is the protector of fundamental rights," Brown said. "And our courts had already defined that, that it was a reasonable thing to do -- to look to the Fourteenth Amendment to uphold what our own court had found before Prop. 8."
Read the full LGBT POV article here.
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
Meet all 37 of the queer women in this season's WNBA
April 17 2024 11:24 AM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: The Daily
Trending stories from our video partner Advocate Channel.
For more videos and shows go to advocatechannel.com.
Trending stories from our video partner Advocate Channel.
For more videos and shows go to advocatechannel.com.
Latest Stories
Over 90% of trans youth live in states pushing anti-trans legislation: report
April 23 2024 10:08 PM
George Santos pulls out of New York congressional race
April 23 2024 7:04 PM
Biden will hammer Trump over abortion bans in Florida speech
April 23 2024 5:00 AM
Tristan Snell, who brought down Trump University, sees conviction in hush money case
April 22 2024 7:36 PM
Joe Biden admin marks Earth Day with major environmental initiatives
April 22 2024 4:18 PM
Texas Gov. Greg Abbott: 'We want to end' trans and gender nonconforming teachers
April 22 2024 4:13 PM
Nonbinary 17-year-old killed two years after being reported missing
April 22 2024 3:46 PM