Bill would force state officials to defend ballot propositions
State Senator Tom Harman
As the California Supreme Court announced that it will weigh in on the issue of whether a group of anti-gay-marriage activists can defend Proposition 8 in court, Republican State Senator Tom Harman has introduced a new bill that would apparently ensure that such a question would never have to be decided again. Under Senate Bill 5, or the “Attorney General: defense of initiative statutes” bill, Attorney General Kamala Harris would be obligated by law to defend the same-sex marriage ban in court–something both she and her predecessor, now-Governor Jerry Brown have famously refused to do. The text of the bill reads:
The Attorney General shall not refuse to defend a constitutional amendment or an initiative statute on the basis of it being unconstitutional, or in conflict with, or in violation of federal law or regulation, unless an appellate court has made a determination that the amendment or statute is unconstitutional or otherwise in conflict with, or in violation of, federal law or regulation.
If the 9th Circuit Court of Appeals (which sent the question of standing to the California Supreme Court to figure out) ruled a ballot proposition unconstitutional, the Attorney General would evidently not be bound to defend the law any further. The California Supreme Court is scheduled to take up Proposition 8 in September, leaving a bit of time for Harman to try to get SB-5 passed.
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The Proposition 8 guessing game
Today, the 9th Circuit Court of Appeals issued its first rulings in the Proposition 8 case that will determine the fate of same-sex marriage in California (and will likely reverberate nationwide). The court didn’t decide whether or not it agrees … Read More
- 9th Circuit punts! Prop 8's future now in the hands of Ca Supreme Court
- Proposition 8: Will the judges go for it or punt?
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