Alex Blaze

Pacific Justice Institute's weird suit rejected

Filed By Alex Blaze | September 03, 2010 8:30 AM | comments

Filed in: Marriage Equality, Politics
Tags: marriage, Prop. 8, suit, vaughn walker

The suit to force California to appeal Judge Walker's Prop 8 decision from earlier this week has already been rejected:

A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state's gay marriage ban.

The 3rd District Court of Appeal on Wednesday denied a conservative legal group's request to force the officials to defend voter-approved Proposition 8.

Presiding Justice Arthur Scotland did not explain why the appeals court turned down the request filed two days earlier by the Pacific Justice Institute.

Probably because Scotland is too polite to say what he really thinks.

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I agree with the decision totally.

However, the lawsuit was not really weird. There is a type of lawsuit in which the petitioner asks for a "Writ of Mandamus", which is a court order to a public official to do an act which the official or department or agency has refused to do, that is normally in their job description. The legal basis for the suit is whether or not the refusal for doing the act is a violation of some sate law or the sate constitution.

Perhaps the lawyers here can explain, but that was what I was calling weird - the implication that exhausting all appeals is a normal part of the AG's job description.

The Pacific Justice Institute is a bunch of Alliance Defense Fund Attorneys who relocated to my home town Oakland, California a year or two ago, to fight all pro-LGBT advances. They sued a Hayward teacher who spoke about LGBT issues during Diversity Week. In fact, I was invited to come and speak about marriage equality, but later was uninvited because the school district was afraid they would get sued again. These people are menacing!

Davina Kotulski and

My guess would be that the judge felt that it would a violation of the separation of powers to order the executive to appeal a ruling. Perhaps it would be a "political question" as well, which courts often refuse to touch, though I'm not sure that the political question doctrine exists under California law.