California appeals judge's ruling on gay marriage

[ConfuZed]

SAN FRANCISCO (Reuters) - California's attorney general on Tuesday appealed a San Francisco judge's finding that the state's ban on gay marriage was unconstitutional.

The appeal, made in court filings that did not offer arguments on the merits of the case, had been widely expected.

San Francisco Superior Court Judge Richard Kramer sided with proponents of same-sex marriage in April, but deferred the implementation of his ruling pending appeals that could extend for years.

Californians backed a ballot measure...<more>

http://today.reuters.com/news/newsarticle.aspx?type=domesticNews&storyid=2005-05-31T232516Z_01_N31696042_RTRIDST_0_USREPORT-RIGHTS-GAYS-CALIFORNIA-DC.XML

[slackmaster]

1. I personally support gay marriage but thought AG was supposed to...

...advocate on the side of the law as written, be it right or wrong.

:shrug:

[Ian David]

2. That's true in at least some states. I don't know if it's true in all

If I remember correctly, the state attorney general of New York said he is in favor of gay marriage, but he has to "defend the law" against it as a constitutional requirement of his job.

[mandomom]

3. AGs

are sworn to uphold and defend the laws passed by their states.

[slackmaster]

4. California Constitution, Article V, Section 13

My concern is that Mr. Lockyer appears to be trying to pander to gay and lesbian voters instead of doing his job. His aspirations of running for Governor are well known.

I don't care if his heart is in the right place; he's the AG and if he doesn't think the state's position is correct he is still obligated not to work against the law. If he feels the law is unconstitutional that's fine, but it's not his job to make that determination.

CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE

SEC. 13. Subject to the powers and duties of the Governor, the
Attorney General shall be the chief law officer of the State. It
shall be the duty of the Attorney General to see that the laws of the
State are uniformly and adequately enforced. The Attorney General
shall have direct supervision over every district attorney and
sheriff and over such other law enforcement officers as may be
designated by law, in all matters pertaining to the duties of their
respective offices, and may require any of said officers to make
reports concerning the investigation, detection, prosecution, and
punishment of crime in their respective jurisdictions as to the
Attorney General may seem advisable. Whenever in the opinion of the
Attorney General any law of the State is not being adequately
enforced in any county, it shall be the duty of the Attorney General
to prosecute any violations of law of which the superior court shall
have jurisdiction, and in such cases the Attorney General shall have
all the powers of a district attorney. When required by the public
interest or directed by the Governor, the Attorney General shall
assist any district attorney in the discharge of the duties of that
office.

[Ian David]

5. Isn't the state constitution also a law needing to be uniformly enforced?

Maybe defending the equal protection of the constitution should take precedence over defending stupid Board of Health ordinances that "protect" marriage.

[slackmaster]

6. Interpreting the Constitution is not the AG's prerogative

The AG is a member of the Executive. Only the Judiciary can determine that a law is not constitutional.

[Ian David]

7. That's kind of what I figured. But how hard is he required to try?

For example, can the work of "defending marriage" be delegated to the summer undergraduate interns?

[slackmaster]

8. That would be more appropriate than what he IS doing IMO

He should at least try to maintain the appearance of doing his job rather than engaging in political activity.