Elected officials bail on U.S. marriage law Thanks Longknife

Posted: 01/11/2010 by Lynn Dartez in 2011

Citizens who support Prop. 8 must defend Constitution because attorney general refuses

Posted: January 09, 2010
10:15 pm Eastern

By Drew Zahn
© 2010 WorldNetDaily

California Attorney General Jerry Brown

In a case with implications for the entire country, California’s Proposition 8 defining marriage as between one man and one woman goes on trial Monday with only private citizens speaking up for the voter-passed constitutional amendment – because state officials have refused to defend it.

Much is riding on the case of Perry vs. Schwarzenegger, for the lawsuit is petitioning a federal court to overturn not just a law, but a constitutional amendment passed by the people and affirmed by the state’s Supreme Court. A victory for same-sex marriage advocates in the case could set a precedent for federal courts to overturn every law and amendment in the country currently protecting the traditional definition of marriage.

And yet, though Gov. Arnold Schwarzenegger and California Attorney General Jerry Brown are named as defendants in the suit, both have refused to act in defense of the amendment, leaving it up to the people of California to take a stand for their constitution on their own.

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In June, the U.S. District Court for the Northern District of California verified Brown’s abandonment of the case and therefore permitted quick-acting attorneys from the Alliance Defense Fund on behalf of ProtectMarriage.com, the group that sponsored the amendment campaign, to intervene in the case and take up defense where Brown refused.

At the time, ADF-allied attorney Andrew Pugno stated, “This ruling designating us to defend Proposition 8 reflects the unfortunate fact that, if left up to state officials, the will of the people would not be defended at all.”

“This case is as much about whether our government is of, by, and for the people as it is about marriage,” ADF Senior Counsel Brian Raum said in a statement released this week. “Just imagine how it would change our democracy if every state constitutional amendment could be eliminated by small groups of wealthy activists. It would no longer be America, but a tyranny of elitists.”

  1. longknife21 says:

    This is an example of a few rich activists (Holly weird) use lawyers to attack popular legislation and unlawfully persuade the elected officials to abandon their duties (malfeasance) to defend the law. This is potential tyranny by court decree secured by super-rich political Lawyers.
    Gov’t of the Lawyers, by the Lawyers, for the Lawyers, damn the People!
    You get all the justice you can afford to buy.

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