Not wanting to leave anything to chance, the Pacific Justice Institute (PJI) filed today a lawsuit in state court aimed at forcing California’s governor and attorney general to defend marriage. The goal is to have the state file an appeal with the 9th U.S. Circuit Court of Appeals to help ensure the case keeps moving forward.
Former U.S. Attorney Gen. Edwin Meese, III, who served as legal advisor to then-Governor Ronald Reagan, provided a sworn Declaration included in the suit, which said the state law was defended, regardless of their personally held beliefs.
The lawsuit – called an extraordinary writ of mandate – asks the court to enforce a state code that commands the attorney general to defend the state and its officials against any legal challenges.
To date, Attorney General Jerry Brown has refused to challenge California Supreme Court Judge Vaughn Walker’s ruling, which overturned a voter-approved marriage amendment.
Brad Dacus, president of PJI said the lawsuit was proactive.
“By refusing to do their jobs, the Attorney General Jerry Brown and Gov. Schwarzenegger are effectively vetoing the voices of seven million voters in California,” he said. “This is an egregious violation of public trust and a direct violation of the law in the State of California. And, by doing this, they are aiding and abetting judicial activism.”
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