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[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
Phone: 916-445-2841
Fax: 916-558-3160
Call the Attorney General
Phone: 916-324-5437
Fax: 916-445-6749
Send an email to both right here.
4 Comments
Please call, word is that the h8 is running very high in calls today to both these offices….
Thanks Teddy!
Done! Well, I had to email because I have a bad cold and nothing but an unintelligible croak for a voice. Calling is better, but below are links for email and what I sent if anyone needs help getting started—not that anyone around here seems to be at a loss for words! ;-)
Email the Attorney General: http://ag.ca.gov/contact/complaint_form.php?cmplt=PL
My email to use as a rough draft and adapt to add your own opinion:
Please continue to support marriage equality. You did the right thing in opposing the stay of the decision in PERRY VS SCHWARZENEGGER stating on the grounds “that Proposition 8 is unconstitutional, the public interest weighs against its continued enforcement.”
The State of California should continue to support civil rights and due process for all its citizens and should not support Defendant-Intervenors in the Proposition 8 trial by appealing Judge Walker’s decision.
Email the Governor: http://gov.ca.gov/interact
My email to use as a rough draft and adapt to add your own opinion:
Subject: Continue to Support Marriage Equality
Please continue to support marriage equality. You did the right thing in opposing the stay of the decision in PERRY VS SCHWARZENEGGER stating, “The Administration believes the public interest is best served by permitting 19 the Court’s judgment to go into effect, thereby restoring the right of same-sex couples to marry in California. Doing so is consistent with California’s long history of treating all people and their relationships with equal dignity and respect.”
The State of California should continue to support civil rights and due process for all its citizens and should not support Defendant-Intervenors in the Proposition 8 trial by appealing Judge Walker’s decision.
You know, I totally oppose Prop 8, and I believe that everyone has the right to get married.
But isn’t anyone troubled by the idea of the Governor and/or Attorney General of a state refusing to defend their own constitution because they personally disagree with it?
Imagine that after the Massachusetts Supreme Court legalized gay marriage in that state, and an appeals court struck it down because there was no ERA in the US constitution. And imagine Mitt Romney had decided not to defend the Massachusetts constitution in federal court.
Wouldn’t we be screaming bloody murder?
This only delays the inevitable, anyway. It’s not like nobody is ever going to challenge this ruling. Wouldn’t you rather have Jerry Brown taking this case to the Supreme Court, with his lukewarm approval, than the whole of right-wing judicial might?
Again, I support the rights of anyone to marry whoever they choose. This is America. But I worry about the constitutional questions here.