Courts Won't Force Prop. 8 Appeal

A California court on Thursday denied a curious attempt by a conservative legal group to force Gov. Arnold Schwarzenegger to appeal the federal Proposition 8 case.

Without explanation, California's third district court of appeal denied a petition filed on Monday by 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 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.

Kevin Snider, chief counsel for Pacific Justice Institute, told The Advocate on Tuesday that Schwarzenegger's stance denies voters the right "to a fair and meaningful review of Prop. 8 in the appellate courts."

Brown, however, replied in a statement that he did "not believe that he can be forced to prosecute an appeal of a decision with which he agrees."

The U.S. Court of Appeals for the Ninth Circuit is scheduled to hear oral arguments for the Prop. 8 appeal in December.