We’ve spent the past two weeks talking about ” title=”Perry v. Brown”>Perry v. Brown.
California officials have declined to defend the law prohibiting gay marriage. The Ninth Circuit, which is hearing the appeal of Judge Walker’s ruling ” title=”Los Angeles Times”>Los Angeles Times:
Accepting the Proposition 8 opponents’ position would be “nullifying the great power that the people have reserved for themselves” to propose and pass initiatives, Justice Joyce L Kennard said.
“Who is there to defend the initiative measure?” she asked.
Chief Justice Tani Cantil-Sakauye also suggested the initiative process would become “illusory” if no one could step in to argue for measures that state officials refused to defend, as they have in the case of Proposition 8.
