Lawsuit to Protect Our Political Power
13 Dec 2013 01:02 GMT
A petition has been submitted to the California Supreme Court to remedy harm to our political power by, amongst other things, ensuring that the state will provide for the legal defense of state laws brought about by initiatives in good faith.
The California Supreme Court has proclaimed to recognize their duty to “jealously guard” our initiative powers. We hope that unlike the state's attorney general and governor who made a mockery of democracy and unconstitutionally undermined our political power, the court will carry out its duty to ensure that the state will provide for the legal defense of state laws brought about by initiatives in good faith.
A couple of California voters have submitted a petition to the California Supreme Court alleging that by failing to provide for the legal defense of state laws brought about by initiatives, the governor and attorney general of the state have unconstitutionally harmed the political power of the people, violated due process protections, violated free speech protections, violated equal protection principles and violated the principle of separation of the judicial, legislative and executive powers.
One of two main remedies sought is an enhancement of how the California Supreme Court picked an alternate defendant for a state law in an opinion rendered in Hollingsworth v Perry, that the United States Supreme Court found to be lacking. The petition asks the court to select alternate defendants in a manner that would be difficult for the United States Supreme Court to reject. This would be one way for the state to seek relief from the Perry v Brown ruling in the higher federal courts. The other main remedy is to remove the restriction placed on California Family Code Section 308.5 by the California Supreme Court back in June of 2008, on the grounds that the facts have since changed. The text of that code reads as follows. “Only marriage between a man and a woman is valid or recognized in California.” It was introduced by Proposition 22 of 2000 and the wording is identical to that of Article 1, Sec 7.5 of the California Constitution which was brought about by Proposition 8 of 2008.
The court has been asked to declare that the California Constitution requires the state to provide for the legal defense of state laws in good faith, especially the ones brought about by initiatives. Also, several related reprimands of the governor and attorney general is sought. Any continued unconstitutional shenanigans by the attorney general should result in the attorney general's disbarment.
For more information on the case, including the full petition, or to contact a plaintiff, please visit [ http://ProtectInitiatives.com/ ].