Wednesday, May 4, 2011

California AG Kamala Harris Files Brief Against Standing Of Prop 8 Backers

In another move in the seemingly unending Prop 8 battle, California Attorney General Kamala Harris has filed a brief declaring that private citizens do not have standing to defend the statute in court.
In it, she argued that only public officials exercising the executive power of government have authority to represent the state when laws passed by voters or the Legislature are challenged. “California law affords an initiative’s proponents no right to defend the validity of a successful initiative measure based only on their role in launching an initiative process,” Harris wrote. [snip]

Lawyers for the coalition of religious and conservative groups that qualified the gay marriage measure for the ballot and campaigned for its passage have argued that initiative proponents need to be allowed to advocate for laws in court to prevent elected officials from effectively vetoing measures by not defending them in court. Harris contended in her brief that rather than empowering citizens, granting the sponsors of initiatives the ability to overrule the governor and attorney general’s judgment “would rob the electors of power by taking the executive power from elected officials and placing it instead in the hands of a few highly motivated but politically unaccountable individuals.”
The state Supreme Court is expected to hold a hearing on Prop 8 "sometime before the end of the year."


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