Today the California Supreme Court ruled on the Ninth Circuit's request of whether the people of California can retain private legal counsel to defend the people's referendum when their state officials charged with that duty refused to do. This question involved whether Proposition 8 could be defended at all, because California's highest officials would not. The Court issued this reponse:
"...We respond to the question posed by the Ninth Circuit in the affirmative. In a postelection challenge to a voter-approved initiative measure, the official proponents of the initiative are authorized under California law to appear and assert the state's interest in the initiative's validity and to appeal a judgment invalidating the measure when the public officials who ordinarily defend the measure or appeal such a judgment decline to do so."
Read the entire opinion here.
Thanks to the public interest law firms who have taken the defense of Proposition 8, and the many lawyers (several of whom are Regent Law graduates) defending marriage.
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