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The people of California have a right to be defended in Prop. 8 case

Politicians can’t nullify constitutional amendment protecting marriage by refusing to defend it

SAN FRANCISCO — In Perry v. Schwarzenegger, the U.S. Court of Appeals for the 9th Circuit referred a question to the California Supreme Court Tuesday as to whether the official proponents of the California marriage amendment have legal standing to defend it.

"Politicians should not be able to nullify a democratic act of the people by refusing their duty to defend it,”  said Alliance Defense Fund Litigation Counsel Jim Campbell.  “The people of California have the right to be defended, and thus the official proponents of Proposition 8 must have standing to defend that law.  Otherwise, the Governor and Attorney General will succeed in indirectly invalidating a measure that they had no power to strike down directly.  With this recent development, the Alliance Defense Fund and the rest of the legal team remain confident that the right of the people of California to protect marriage in their constitution will ultimately be honored.”