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California Supreme Court Hears Prop 8 Case

Contact: Brad Dacus, President, Pacific Justice Institute, 916-719-9510

SAN FRANCISCO, Sept. 6, 2011 /Standard Newswire/ -- This morning the California Supreme Court will hear arguments on the Marriage Amendment known as Prop 8.  The issue before the high court is whether the proponents of an initiative can defend a law passed by the People of the state when the Governor and Attorney General refuse. 

A panel from the Ninth Circuit asked the State's Supreme Court to review this issue.  In its order the Ninth Circuit Court wrote, "Although the Governor has chosen not to defend Proposition 8 in these proceedings, it is not clear whether he may, consistent with the California Constitution, achieve through a refusal to litigate what he may not do directly: effectively veto the initiative by refusing to defend it or appeal a judgment invalidating it...." The Ninth Circuit further went on to state that the "Constitution's purpose in reserving the initiative power to the People would appear to be ill-served by allowing elected officials to nullify either proponents' efforts to 'propose statutes and amendments to the Constitution' or the People's right 'to adopt or reject' such propositions." (quoting article II, section 8(a) of the CA Constitution).

Pacific Justice Institute represented Dr. Joshua Beckley, senior pastor of  Ecclesia Christian Fellowship, in a suit last year to force then Governor Schwarzeneggar and Attorney General Brown to file a notice of appeal.  Attorney and PJI President Brad Dacus will be available for media interviews.

The Pacific Justice Institute is a non-profit 501(c) (3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties.

P.O. Box 276600   Sacramento, CA 95827-6600    Phone: (916) 857-6900 Fax (916) 857-6902 

Internet:  www.pacificjustice.org