Government,
Civil Rights
Jan. 6, 2012
Were state officials wrong not to defend Prop. 8?
The refusal of state officials to defend Proposition 8 undermines the democratic process.
Lawrence Waddington
Neutral, JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
When a federal district court judge held Proposition 8 unconstitutional, the proponents of the initiative appealed the decision (Perry I v. Schwartzenegger, 704 F.Supp.2d 921) to the 9th U.S. Circuit Court of Appeals. A panel of 9th Circuit judges requested the state Supreme Court to certify whether the proponents had the right to intervene and defend the proposed constitutional amendment in federal court. Perry v. Schwartzenegger (renamed Perry v. Brown as the guberna...
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