Petition to Save Prop 8

As citizens of the State of California, we, the undersigned, do hereby direct the Governor of the State of California, Arnold Alois Schwarzenegger, and the Attorney General, Edmund Gerald Brown, Jr., to perform their duties to support and defend the Constitution of the State of California. This petition is based upon the following law and facts:

WHEREAS, Article 1, section 7.5 of the California Constitution, appearing on the ballot as “Proposition 8”, was peacefully and lawfully enacted by the People of California;

WHEREAS, a lawsuit was filed in federal court in San Francisco challenging the constitutionality of section 7.5 (Perry v. Schwarzenegger, Case No. 09-CV-2292 VRW);

WHEREAS, Judge Vaughn R. Walker struck down as unconstitutional section 7.5;

WHEREAS, the Governor and the Attorney General are named as defendants in Perry v. Schwarzenegger;

WHEREAS, absent the filing of a timely appeal by a defendant in Perry v. Schwarzenegger who has standing under Article III of the United States Constitution, the voters of California will be disenfranchised by being deprived of meaningful judicial review through the appeals process;

WHEREAS, pursuant to Article V of the California Constitution, the Governor and the Attorney General, as officers under the executive branch of government, have sworn an oath and therefore have a duty to support and defend the California Constitution;

WHEREAS, maintaining the integrity and viability of the republican form of government as expressed in the California Constitution requires that the executive branch defend and support lawfully enacted amendments to the constitution;

WHEREAS, the People of California have a right and a liberty interest in seeking to have the laws that they have enacted, through peacefully casting their votes, vindicated through substantive and full review by the judiciary;

THEREFORE, the undersigned petitioners direct the Governor and the Attorney General to file a timely notice of appeal in the Ninth Circuit Court of Appeals in Perry v. Schwarzenegger.

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PETITION.pdf