SACRAMENTO (CBS) — Supporters of a voter-backed measure to ban gay marriages in California argued before the state Supreme Court on Tuesday for the right to appeal a federal ruling overturning the ban.

KNX 1070’s Doug Sovern reports gay rights groups want the state high court to prevent backers of Prop. 8 from an appeal that could end in a possible constitutional showdown before the U.S. Supreme Court.

The ruling is expected to determine whether the sponsors of Prop. 8 can appeal the federal court’s decision after both the attorney general and governor of California declined to do so.

Andrew Pugno, general counsel for said the will of federal judges should not prevail over the votes of more than 7 million Californians who want to keep marriage between a man and a woman.

“The governor and attorney general would be exercising a veto over the people’s vote if they are able to essentially allow an initiative to be nullified,” Pugno said.

KNX 1070 legal analyst Royal Oakes argued that others want the court to make sure elected officials cannot override the will of the voters.

“Supporters of Prop. 8 say the measure’s backers were allowed to defend it at trial, so they should be permitted to take the case up the appellate ladder,” said Oakes.

Then-Gov. Arnold Schwarzenegger and Attorney General Jerry Brown both refused to seek an appeal of the Prop. 8 ruling that found it was unconstitutional.

Comments (23)
  1. Let's be Real says:

    Ha anyone ever wondered who these “protect marriage” folks really are? I mean, WHY would it be sooooooo important to fight, fight, fight to keep gay people from marrying. WHY does it effect them? I am a hetero woman married to a wonderful man, and it wouldbn’t effect us in the last bit if same sex couples married. So, WHY does it matter to “protect marriage” so MUCH? What will happen to them if same sex couples marry? Could it be that they will become jealous? Could it be that they would have come out of the closet instead of marrying the opposite sex, if given a chance? Could it be that they are afraid it will tempt them?
    That is all I can figure could motivate this discrimination.

    1. Ben says:

      Just let Frisco be the only town to allow gay marriage so that when a gay couple wants to get married they can do so legally out in Frisco.

      1. Karen says:

        Better yet, let just kick San Francisco out of CA and be done with it.

      2. To Karen says:

        I see, Karen that you must have been brainwashed by SOCE.

      3. Karen says:

        I am never brainwashed and have zero clue who SOCE is but thanks I don’t want to know.

    2. marion says:

      Once traditional marriage is not protected, the pologamy, group-marriage, animist-marriage, all types of marriage based on adult sexual proclivities will be allowed thus confusing and degrading the traditional family unit. The tradition family unit that is the basis for all civilized conduct worldwide. That is why I has a hetersexual, happily unmarried, middled-aged woman is adamnant on protecting traditional marrige. Marriage, and thus the family, is not be redefined and redifined further by ever more bizarre sets of subgroups. Leave traditional marriage as it is and let the gay community work it out through the courts to get equal protection for their forms of adult coupling.

      1. To Marion says:

        And I, Marion, as a traditional heterosexual woman, and appalled that we have been aloud to discriminate as long as we have. I find it funny that you use the word “protect” to describe your marriage, Noone is trying to nullify YOUR marriage or any other hetero marriage. That is not at risk.
        What is your angle?

      2. Karen says:

        As a point of information Marion, as soon as NY legalized gay marriage, polygamists filed suit in Utah saying they want marriage rights too. That is one reason why I oppose gay marriage too.

        To the person who said I was brainwashed – I hardly think so and I have zero clue what SOCE means. Phooey to you.

  2. Karen says:

    I do not consider it discriminatory to limit marriage to be between a man and a woman.

    And the federal court should never be involved in this issue anyway. It’s not a US constitutional matter.

    Former governor Arnie and former attorney general Jerry do not represent the voters. They were in the executive branch of government, not the legislative branch.

    It’s a good thing that governor Jerry is minding his own business but attorney general Kamala should keep her nose out too. I did not hire her to nullify my vote. If our votes don’t count, she would not be in office.

    The executive branch has zero right to overturn the voters’ vote. None whatsoever. They shirked their responsibility to Californians when they failed to get involved. No, they don’t represent California voters, our legislators do that.

    And since our legislators can not all go to court, our vote has to speak for itself.

    Now that NY has legalized gay marriage, take a clue Justices. You can’t have it both ways. Marriage can not be up to the states and the courts. You can’t have the states vote yes and for states that vote no, the courts decide for the state. That is not how it works.

    Marriage licenses are issued by the state and our state defines marriage to be between a man and a woman.

  3. Enough! says:

    It is not what we the people of California voted for:

    Please return to the closet, and enjoy your sexual preferance behind closed doors.

    Don’t push your agenda on we the people of California, (gay or not).

    We the people of California have voted twice on prop. 8, and said we do not want same sex marriages in California. Get over it people, let the voters vote be!

    Enough said!

    1. Enough is right! says:

      This is just what I was thinking, why should a small number of people force there agenda on the rest of us (less than 2% of the population). Prop 8 has spoken, let it be written, let it be said!

      1. Karen says:

        We voted twice the same way. We voted no to gay marriage twice. It’s not like it’s a fluke or something.

    2. Ron says:

      Remember WHO is DENYING our rights and what WE VOTED for at the NEXT ELECTION. THROW the BUMS out !!! If we don’t, then they will continue to DENY us our RIGHTS. REMEMBER, it is NOT whether you are a Democrat or Republican or an Independent.

      1. Karen says:

        It was a citizens’ initiative that passed Prop 8, not the legsilature. Citizens’ initiatives can not be overturned by the legislature.

      2. Ron says:

        @Karen: I know it was a citizens’ initiative, but since Jerry Brown refuses to appeal the Prop. 8 decision( that it is unconstitutional), HE is DENYING our RIGHTS because HE is putting HIS BELIEFS above the will of the 7 million Californians, just like he does with the DEATH PENALTY.

        YOU & I are of the same belief. Man + Woman = Marriage.

      3. Karen says:

        Hey Ron,

        I am ready to recall Moonbeam. I didn’t even vote for him.

      4. Ron says:

        @Karen: I am w/ you. Where do I sign up? It can’t happen soon enough.

  4. Jesus in Me says:

    Satan is a Liar. This is the work of Satan. Christians stand up in prayer and defeat the enemy who is trying to destroy the youth and this beautiful country.
    Pray in the fullness and Holy Ghost power in the name of Jesus.

    Marriage is between a Male and a Female only in the eyes and rules of GOD.

    1. Jesus avoids you says:

      Who’s God? Not mine. My God stands for love and thinks that calling somethinbg a sin that does not involve lying, cheating, stealing, or hurting is the actual work of Satan.

      1. You Follow Him With Your Words But Not Your Heart says:

        @ Jesus avoids you – You clearly do not understand nor respect who God is or what His purposes are for His children on earth. Yes, God is a loving God. Yes, He is kind and tolerant of all people. BUT… His ways are His ways; not ours. His laws are His laws; not ours to desecrate. You have the right to pick and choose which of His laws and teachings you will follow and which ones you will not. As for this Christian, I know what is written in the Bible. And I clearly understand what God thinks about this particular situation regarding Prop 8. I suggest you go back and do more scripture searching and get to know God a little better.

  5. Karen says:

    Yay! Thank you CA Supreme Court. I can tell that you won’t let our vote be put under the bus – this time.

  6. bob says:

    The only remaining option is to remove any rights afforded to hetrosexual couples and then there would be no discrimination claim.

    No visits to your spouce in the hospital, no federal survivors benefits ETC.
    But of course I don’t see that being something the hetro couples will do.
    When I first hired in 30 yrs ago if you got married of had a kid you got a salery increese ( wish I got a raise cause I can make a girl pregnant )

  7. bob says:

    with the devorce rate at around 50% (higher in the Bible belt) I’d say marrage is dead anyway

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