Saturday, September 04, 2010

Appellate Court Rejects Attempt To Force Prop 8 Appeal

Recall that earlier this week heterosexual supremacists from the Pacific Justice Institute sued the Governor and Attorney General claiming that they were trying to avoid a "constitutional crisis" by forcing these elected officials to appeal Proposition 8 in federal court, even though both men have declared their belief that the measure violates the U.S. constitution.

On Thursday came word that their lawsuit was summarily rejected. by the 3rd District Court of Appeals:

The institute said it would file an immediate appeal to the state Supreme Court in hopes of getting a reversal by Sept. 11, the deadline for state action in the Prop. 8 case.
"When the people peacefully enact a constitutional provision and the attorney general refuses to give them meaningful review in the federal judiciary, then you have a veto by the executive branch," said the institute's lawyer, Kevin Snider. "That is a constitutional crisis, usurping the power of the people."
The reason why this legal skirmish is important is that there is a very live question of who has "standing" (or legal authority) to appeal Judge Vaughn Walker's ruling declaring Proposition 8 violates the federal constitution. The 9th Circuit Court of Appeals will hear the appeal the week of December 6th.

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