California appeals court refuses to order state appeal of same-sex marriage ruling News
California appeals court refuses to order state appeal of same-sex marriage ruling
Photo source or description

[JURIST] A judge for California’s 3rd District Court of Appeal [official website] ruled [case summary; San Francisco Chronicle report] Wednesday that neither Governor Arnold Schwarzenegger nor Attorney General Jerry Brown [official profiles] is required to appeal last month’s federal district court decision [JURIST report] finding California’s ban on same-sex marriage [JURIST news archive] unconstitutional. Supporters of Proposition 8 [text, JURIST news archive], which banned same-sex marriage in California, had hoped the state would appeal the decision since it is not clear that the supporters have standing [LAT op-ed] to the challenge the decision. Writing for the Pacific Justice Institute [advocacy website], which filed the suit attempting to force a state appeal, attorney Kevin Snider stated [blog post]:

The duty to defend peacefully enacted laws is at its zenith when the voters have amended their own constitution. Should these elected members of the executive branch refuse to defend a constitutional amendment enacted in this manner, the Governor and the Attorney General will have seized an extraconstitutional power by creating what is tantamount to a constructive veto.

Snider said the Pacific Justice Institute will appeal Wednesday’s ruling. Schwarzenegger and Brown have both indicated that they will not cause the state to appeal the decision overturning Proposition 8 unless ordered to do so by a judge.

Last month, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] issued a stay [JURIST report] of Judge Vaughn Walker’s decision overturning Proposition 8 pending appeal. Earlier last month, Walker held that the same-sex marriage ban violated the guarantees of due process and equal protection under the US Constitution, but immediately stayed the ruling. Schwarzenegger, Brown and others filed motions [JURIST report] opposing the stay request, which led to Walker’s refusal to issue a stay pending appeal. Schwarzenegger and Brown were originally defendants in the lawsuit against Proposition 8, and their refusal to oppose the stay request left defendant-intervenors Protect Marriage [advocacy website] and other groups to defend the law. The remaining defendant-intervenors have indicated they will, if necessary, appeal the case to the US Supreme Court.

THIS DAY @ LAW

Laws of Burgos put into effect

The Spanish Crown put the Laws of Burgos into effect on December 27, 1512. These laws governed the relationship of Spanish settlers with the indigenous peoples of the Caribbean. The laws established the encomienda system of labor, promoted conversion to Catholicism, and safeguarded the indigenous peoples from physical abuse.  However, historians argue that the laws were ineffective at protecting the rights of the indigenous population. Learn more from the Library of Congress.

Prohibitionist Carrie Nation carried out her first public bar smashing

On December 27, 1900, militant Prohibitionist Carrie Nation carried out her first public smashing of a bar, at the Carey Hotel in Wichita, Kansas. Nation argued that destroying bars was an acceptable means of battling the liquor trade since the Kansas Constitution prohibited alcohol. Learn more about Carrie Nation.

World Bank created

On December 27, 1944, the World Bank was created during the United Nations Monetary and Financial Conference in Bretton Woods, New Hampshire, USA. Learn more about the history of the World Bank.