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No Statewide Official In California Will Defend Prop 8 In Federal Court

June 18, 2009

How does one even try and defend the indefensible anyway?

Gov. Arnold Schwarzenegger has declined to defend the constitutionality of Proposition 8, telling a San Francisco judge that the legality of the anti-gay marriage measure is for the courts to decide.

The governor’s decision to remain neutral in a federal challenge to Proposition 8 means no statewide official will be defending the measure in federal court.

Proposition 8 resurrected a ban on same-sex marriage, receiving 52% of the vote in the November election. The California Supreme Court ruled 6-1 last month that the measure did not violate the state constitution.

Supporters of the measure said Wednesday they were disappointed but not surprised by the governor’s stance.

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