California Gov. Arnold Schwarzenegger told the state supreme court Sept. 8 that he has decided not to appeal the Proposition 8 court decision to the 9th Circuit.
The definitive statement means the ability of Prop 8 proponents to appeal will depend entirely on the legal standing of the Yes on 8 coalition.
Governor Schwarzenegger had until Sept. 11 to make a decision and, though his position on marriage equality for gay couples has been changing, his most recent statements seemed to indicate he would not direct the state's attorney general to appeal the decision from the U.S. District Court in San Francisco.
That decision, issued Aug. 4 by Judge Vaughn Walker, found Prop 8 violates the federal constitutional guarantee to equal protection. The Yes on 8 coalition filed its appeal and a three-judge panel of the 9th Circuit has said it will hear the appeal during the first week of December, along with arguments concerning whether the Yes on 8 coalition has standing to appeal.
Hoping to shore up the legitimacy of that appeal, the Pacific Justice Institute, a conservative legal group, filed an appeal, Beckley v. Schwarzenegger, to the California Supreme Court last week, asking it to force the governor to instruct the attorney general to join the appeal in the 9th Circuit. The state supreme court ordered the governor and attorney general to weigh in on this matter.
In a five-page letter issued Sept. 8, Counsel for the Governor Andrew Stroud told the court, "Although Beckley may disagree with the Governor's decision not to file a notice of appeal [ in the Prop 8 case in federal court ] , it was the Governor's decision to make."
A letter from Attorney General Jerry Brown's deputy, Tamar Pachter, reiterated that Brown has long opposed Prop 8 as unconstitutional and that Brown's decision not to appeal the federal court decision in Perry v. Schwarzenegger "is an ordinary and sound exercise of the discretion secured by law to his office."
Pachter says the Pacific Justice Institute's petition is based on its "fears that the the federal courts will rule that [ Yes on 8 proponents ] lack standing to pursue their appeal…"
"But the Attorney General has no duty to appeal at all, let alone to file an appeal he has determined is legally unjustified, solely to manufacture federal appellate standing in private parties," wrote Pachter.
Now all eyes focus on the California Supreme Court and whether it can or will require any further action from the state.
©2010 Keen News Service