Brown has said both in legal filings and public statements that he has sworn to uphold the state and federal constitutions and therefore can not defend Proposition 8 because he thinks it is an unconstitutional violation of gay Californians' civil rights.
"The attorney general does not believe that he can be forced to prosecute an appeal of a decision with which he agrees," Brown spokeswoman Christine Gasparac said Tuesday.
In seeking to make the state file an appeal, Pacific Justice Institute is trying to address the possibility that the case might get short-circuited before the 9th Circuit can consider if Proposition 8 passes constitutional muster.Most experts think that it is very doubtful that a state court will attempt to compel another branch of government to defend a federal lawsuit.
Equality California's executive director Geoff Kors said:
“This is an outrageous attempt to try and force elected officials who have sworn to uphold the United States Constitution to defend a law that the Federal Court has found to be unconstitutional. It demonstrates their acknowledgement that the proponents of Proposition 8 lack standing to appeal, that the case should be dismissed and loving same-sex couples should be allowed to exercise their constitutional right to marry.”