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Gov. Schwarzenegger not Required to Appeal Prop 8.

Melanie Nathan; 09-08-10;-

The California Governor, Arnold Schwarzenegger continues to decline to appeal the overturn of Proposition 8. In a letter response to a conservative legal group’s endeavor to force Schwarzenegger and Attorney General Jerry Brown to challenge Judge Vaughn’s Walker’s August 4 ruling which declared the voter-approved ban unconstitutional. California’s governor does not have the legal duty to appeal the recent ruling that overturned the state’s same-sex marriage ban, a lawyer for Gov. said Wednesday, according to AP’s  Lisa Leif, reporting from San Francisco.

The Pacific Justice Institute petitioned the Supreme Court to order the two officials to appeal Chief U.S. Judge Vaughn Walker’s decision to the 9th U.S. Circuit Court of Appeals. The institute brought its motion on behalf of Joshua Beckley, a San Bernardino pastor, about whom we have recently reported on Lezgetreal.

“The institute maintains the attorney general and governor are required to defend all state laws, including those passed by voters. The same-sex marriage ban, known as Proposition 8, was approved by California voters as a constitutional amendment in November 2008.

“Here, the governor exercised his discretion and decided not to file an appeal,” he wrote. “Although Beckley may not agree with the manner in which the governor chose to exercise his discretion, he cannot compel a different result through this action.”

For Jerry Brown, Deputy Attorney General Tamar Pachter called the institute’s emergency petition “too little, too late.” Pachter noted that the attorney general also refused to defend Proposition 8 in Walker’s court because he agreed with the two gay couples who sued to strike it down that it violated their civil rights.” http://www.huffingtonpost.com/2010/09/08/schwarzenegger-refuses-to_n_709686.html

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