Thursday, June 18, 2009

California Governor Arnold Schwarzenegger declines to defend constitutionality of Proposition 8

More itsy, bitsy, teeny, weeny steps towards equality in the United States.

In reply to the lawsuit, "Perry v. Schwarzenegger," which charges that Proposition 8 violates American federal due process and equal protection guarantees, California Governor Arnold Schwarzenegger has declined to defend the constitutionality of the proposition, telling a San Francisco judge that the legality of the anti-gay marriage measure is for the courts to decide.

The refusal of Governor Schwarzenegger and Attorney General Jerry Brown to show support for the ballot initiative means that no statewide official will be defending the measure in U.S. federal court leaving that role to the Christian conservative groups who had sponsored Proposition 8 and defended it successfully in California's high court.

The legal team of Ted Olson, a conservative, and David Boies, a liberal, represent two same-sex couples who were denied marriage licenses as a result of Proposition 8 and filed the challenge in a U.S. federal district court.

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