It’s pretty much well-known by now that California Governor Schwarzenegger and Attorney General Jerry Brown have stated that they don’t intend to appeal Judge Vaughn Walker’s Prop 8 decision, potentially preventing any appeal.

A lawsuit seeking to force the Governor and the Attorney General to defend the constitutional amendment was quickly dismissed without explanation this week by a California appellate court.

Now, Republican lawmakers in the state Assembly are pushing the issue. Twenty-seven members of the Assembly sent a letter to Schwarzenegger urging him to fulfill his constitutional duties to the people of California. Here’s a taste:

The importance of this court case to millions of Californians and indeed to countless other Americans cannot be overstated. What we do wish to impress upon you, however, is the importance to our entire system of governance — legislative, judicial and the reserve right of the people to amend the Constitution of California via the initiative process — that the rule of law prevail. Both plaintiffs and defendants in this case must be afforded full and unfettered access to the courts, up to and including the Supreme Court of the United States.

No one’s individual opinion or belief, no matter how sincere or heartfelt, should be allowed to substitute for the rule of law or the processes by which we govern our state and nation.

Article V, Section 13 of the California Constitution clearly states that “!t shall be the duty of the Attorney General to see that the laws of the state are uniformly and adequately enforced.” In the current federal court case respecting Proposition 8, the Attorney General has conspicuously and intentionally failed to defend — let alone enforce — the supreme law of our state as provided for in Art. I, Sec. 7.5 of the Constitution. He has instead substituted his own personal beliefs and political preferences for the rule of law, and as such failed to uphold his oath of office.

Let’s hope the letter to the Governor has a positive effect.

It’s possible the California appellate court dismissed the court case against Schwarzenegger because of a state version of what’s called a “political question” in federal constitutional law. Since that dismissal is being appealed, we may hear from the California Supreme Court on an expedited basis before the state’s opportunity to appeal the Prop 8 decision ends on September 11.

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