Defending the family

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Governor Schwarzenegger Violates Oath Of Office, Refuses to File Appeal on Marriage Act


Even President Obama files appeals based on his oath of office. His Justice Department might argue bad law and lose cases but they don't ignore their explicit duty all the time in full view of lay people. (Although David Limbaugh's book Crime Against Liberty documents only 1,000 cases of Obama attacking our freedoms -- more on that another time).

California Governor Arnold is twiddling his thumbs while the legal clock ticks.

This is different from opposing traditional marriage which Arnold does. Different from arguing every excuse to promote the gay rights cause publicly and with enthusiasm which Arnold has done.

This has to do with his job to allow 7 million citizens fair legal treatment under the law.

Schwarzengegger has time to be in a major motion picture (Expendables) but he cant remember his own oath of office?

Please remind him.

These are the numbers to call to ask the Governor and the California Attorney General to check their clock and appeal the adverse ruling against the 7 million voters who voted against gay marriage.

Governor Shwarzenegger: 916-445-2841
Attorney General Jerry Brown: 916-324-5437

California's constitution, like all states, has three branches of government - executive, legislative and judicial. By defining marriage, the people of California served a legislative function by directly amending their own constitution.

Under Article V of the Constitution, the Governor and Attorney General are a part of the executive branch and both have a duty to support and defend the state constitution. Their oath of office requires them to do so "without mental reservation."

If these two officers of the executive branch do not take steps to ensure that an amendment to the constitution passed by the people receives a substantive review by the judiciary, and higher courts refuse to entertain an appeal, then the voters of California will have been disenfranchised.

This would violate the fundamental constitutional structure that California as a republic has in place and plunge the state into a constitutional crisis.

California is already in a budget crisis and defaulting on the trust of the citizens is wrong.

Although Governor Schwarzenegger and Attorney General Brown do not support the natural and traditional (tradition is to society as memory is to the individual -it means "experience") definition of marriage, it is imperative that they take the simple procedural step of filing a notice of appeal to preserve the system and form of government which they vowed to support and defend.

The Governor and Attorney General must demonstrate leadership and act decisively to avert a constitutional crisis. Citizens of California and the rest of the country should immediately call the Governor and Attorney General and ask them to file the notice of appeal.

Please call now!

Governor Shwarzenegger: 916-445-2841
Attorney General Jerry Brown: 916-324-5437

How did we get here?

The governor and attorney general and everyone else who was sued in the federal Prop 8 case have refused to defend Prop 8 in court.

Arnold Schwarzenegger and Jerry Brown say Prop 8 is unconstitutional, that gay and lesbian couples should be able to marry right now, and that there should not have been a stay issued pending appeal.

Because of their refusals, Prop 8's only defenders are the defendant-intervenors from Protect Marriage, the folks who brought you Prop 8 in the first place. But in what has emerged as a central question in the case, the defendant-intervenors may not have legal "standing" to function as defendants at the appellate level.

There is a chance that a California county being represented by pro-marriage lawyers may get standing recognized by the court for an appeal and we will keep you posted on that.

Sources for above: Ryan Sorba
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