Via Karen Ocamb, we learned this afternoon that the California Supreme Court asked Governor Schwarzenegger and Attorney General Brown to explain why they aren’t appealing the Prop. 8 decision:
Last week the 3rd District Court of Appeal rejected a lawsuit filed by the Pacific Justice Institute trying to force Attorney General Jerry Brown (who is running for governor in the 2010 elections) and the Governor Arnold Schwarzenegger to file an appeal in the federal challenge to Proposition 8. According to an email from the right wing Capitol Resources Institute, the California Supreme Court wants to know why the state isn’t appealing, too.
Via Lisa Keen, Arnold responded. He told the Supreme Court he’s not going to do it:
California Governor Arnold Schwarzenegger told the state supreme court today that he has decided not to appeal the Proposition 8 court decision to the 9th Circuit.
The definitive statement means the ability of Proposition 8 proponents to appeal will depend entirely on the legal standing of the Yes on 8 coalition.
Governor Schwarzenegger had until September 11 to make a decision and, though his position on marriage equality for gay couples has been changing, his most recent statements seemed to indicate he would not direct the state’s attorney general to appeal the decision from the U.S. District Court in San Francisco.