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Former AG's Say Schwarzenegger, Brown Must File Prop. 8 Appeal; Lawsuit Filed

Contact: Brad Dacus, President, Pacific Justice Institute, 916-857-6900

SACRAMENTO, Calif., Aug. 31 /Standard Newswire/ -- A new lawsuit being filed today in Sacramento is asking a court to order Gov. Schwarzenegger and Attorney General Jerry Brown to appeal the Prop. 8 ruling by Judge Vaughn Walker that said the voter-approved traditional definition of marriage is unconstitutional.

The new lawsuit is being filed by Pacific Justice Institute on behalf of Dr. Joshua Beckley, a minister in the Los Angeles area. The lawsuit is called an extraordinary writ of mandate and was filed with the Third District Court of Appeal in Sacramento. The writ asks the court to enforce Government Code Section 12512, which states that the Attorney General "shall defend" the state and its public officials against all legal challenges. At a minimum, the suit argues, this law requires Attorney General Brown to file a one-page Notice of Appeal of Judge Walker's decision. Otherwise, the Attorney General can effectively veto ballot initiatives by simply refusing to defend them in court.

The lawsuit includes a sworn Declaration from former U.S. Attorney General and legal advisor to Governor Reagan, Edwin Meese III. Meese affirms that neither he nor Governor Reagan refused to defend duly-enacted laws based on personal disagreement with the laws. Former California Attorney General Dan Lungren has also publicly stated his belief that it is the attorney general's duty to defend all state laws, regardless of his personal feelings or beliefs.

PJI president Brad Dacus commented, "While we strongly believe that ProtectMarriage.com has standing to defend and appeal the Prop. 8 lawsuit, there is at least a possibility the Ninth Circuit will hold otherwise. This suit is therefore necessary to enforce state law and to prevent the Governor and Attorney General from seizing unprecedented powers to veto ballot initiatives by simply refusing to defend them in court."

About The Pacific Justice Institute:  Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. Pacific Justice Institute works diligently, without charge, to provide their clients with all the legal support they need.  Pacific Justice Institute's strategy is to coordinate and oversee large numbers of concurrent court actions through a network of over 1,000 affiliate attorneys nationwide. And, according to former US Attorney General Edwin Meese, "The Institute fills a critical need for those whose civil liberties are threatened." "Through our dedicated attorneys and supporters, we defend the rights of countless individuals, families and churches... without charge."

pacificjustice.org