Court won’t order Calif governor, AG to appeal ruling that struck down gay marriage ban
By APThursday, September 2, 2010
Court won’t force Calif officials to defend Prop 8
SACRAMENTO, Calif. — A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state’s gay marriage ban.
The 3rd District Court of Appeal in Sacramento on Wednesday denied a conservative legal group’s request to force the officials to defend Proposition 8 in court.
The court did not give a reason why it turned down the request by the Pacific Justice Institute.
Chief U.S. District Judge Vaughn Walker struck down Proposition 8 as unconstitutional last month.
The sponsors of Proposition 8 had defended the ban during the trial when Brown and Schwarzenegger, the named defendants, refused.
The state has until Sept. 11 to challenge Walker’s ruling. Both Brown and Schwarzenegger have said they don’t plan an appeal.
