[Ed. note: Please note the call to action here; don’t let the haters swamp the system and obscure the true numbers of LGBT rights supporters. Be sure to check out Teddy’s post on the stay granted yesterday by the 9th Circuit, as well as FDL’s Prop 8 coverage page.]
The proponents of Proposition 8 — the folks who got the civil right to marry stripped from gay and lesbian couples at the 2008 ballot box — are now petitioning Governor Schwarzenegger and Attorney General Brown to defend Prop 8 in court. According to reports from the offices of the two highest law enforcement officials in California, calls to their offices are running strongly in favor of H8. Can you please call Arnold as well as Jerry Brown and ask them to continue to stand up for equality?
Here’s part of the letter sent out earlier by the Capitol Resource Institute:
Jerry Brown is not appealing. Put another way, Jerry Brown has refused to file the appeal of the recent federal trial court decision declaring Proposition 8 unconstitutional. Yes, it is his responsibility as the Attorney General (AG) to defend voter-approved measures, but he does not agree with Proposition 8.
And his failure to do his duty may end this battle right here.
As John Eastman points out in the Flashreport, unless the official government defendants file a notice of appeal the issue may end with the decision of one judge in San Francisco. The proponents of the measure may not have standing to file the appeal.
But, as Eastman also points out, the Governor can file this appeal. While the Governor also opposes Proposition 8, we hope that he is fair minded enough to realize that the people of California deserve a full hearing in the courts on this important measure.
Governor Schwarzenegger, under Government Code (GC) Section 12013 has the authority to direct AG Jerry Brown to appear on behalf of the State. If the Attorney General refuses, then the Governor has the right to and should file the notice of appeal. He may also employ additional counsel, as he deems expedient. The lawsuit against Proposition 8, Perry v Schwarzenegger, even includes the Governor’s name because the lawsuit is against the State. GC Section 12013 further reads that the Governor has the right to demand the AG’s appearance and supply additional counsel when suit or legal proceeding is pending against the State.
Folks on their side are responding to this appeal, according to people in the office of the Attorney General and the Governor. Can you please call today to ask Jerry Brown — and Arnold — to continue to stand with us in favor of equality?
Call the Governor
Call the Attorney General
Send an email to both right here.