Court rules Gov. Schwarzenegger cannot be forced to lead appeal

Court rules Gov. Schwarzenegger cannot be forced to lead appeal

A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state’s gay marriage ban.

The 3rd District Court of Appeal in Sacramento on Wednesday denied a conservative legal group’s request to force the officials to defend Proposition 8 in court.

Twenty-seven members of the Assembly’s Republican caucus sent Schwarzenegger a letter Tuesday saying it was up to the governor to defend the rights of voters who passed Proposition 8 almost two years ago. The court did not give a reason why it turned down the request by the Pacific Justice Institute.

Chief U.S. District Judge Vaughn Walker struck down Proposition 8 as unconstitutional last month.

The sponsors of Proposition 8 had defended the ban during the trial when Brown and Schwarzenegger, the named defendants, refused.

The state has until Sept. 11 to challenge Walker’s ruling. Both Brown and Schwarzenegger have said they don’t plan an appeal.

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