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Religion & Law

: Constitutionally Correct

California?s budget crisis and its Prop 8 litigation: What they reveal about the state?s divided Executive

By Alliance Alert

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Vikram David Amar writing at FindLaw: "In California, the unfolding gay-marriage episode has showcased this Attorney General autonomy. In the 'same-sex marriage cases' in the California Supreme Court in 2008, Attorney General Jerry Brown . . . filed briefs that were different from the Governor on the merits, asserting different, nuanced views of what state equal protection means . . . The Attorney General has declined to defend the state law in [Perry v. Schwarzenegger], and again has gone beyond a 'clean hands' approach of abstaining, and instead has formally attacked the law (as he had done in the most recent state court battles). The Governor, who has made a number of separate filings, has declined to weigh in on the merits of the case, saying that he lacks a basis for responding to the plaintiff's legal arguments . . . Does he agree with the Attorney General's refusal to defend state law? If so, why doesn't he make that clear? If not, what is his position?"

Full post as published by Constitutionally Correct on August 16, 2010 (boomark / email).