The People's Republic of California

Since moving here last year I've been trying to get a handle on the circus that is California politics. Even for someone such as myself, well-versed in the political arena thanks to my mediocre undergraduate public education, trying to get a handle on all the issues is akin to trying to grapple a greased pig on a trampoline. Here is a brief rundown on the latest trainwreck that's occurring between the executive and judicial branch...

In November 2008 Californians narrowly approved (51%) a ballot measure to ban gay marriage in the state, thanks in large part to the insidious influence and financial backing of the Mormon church and other conservative religious groups. Prop 8 effectively overturned a California Supreme Court ruling that said same-sex couples have a constitutional right to marry.

On August 4th 2010 Judge Vaughn Walker overturned Proposition 8 after concluding that the law lacked any rational justification and denied equal rights to same-sex couples. Protect Marriage, a conservative religious coalition that defended Prop 8 before Judge Walker has appealed to the 9th US Circuit Court of Appeals. This is where things get interesting...

Walker has questioned whether Protect Marriage has the legal standing to appeal the ruling, citing that usually only elected officials have the authority to defend state laws in court. This may result in Prop 8's supporters being barred from appealing Walker's ruling to the 9th Circuit. Both California's Attorney General, Jerry Brown, and Governor Terminator have repeatedly stated that they will decline to defend Proposition 8 in court.

That's karma, bitches.

But conservatives are a persistent bunch, and accordingly the Pacific Justice Institute filed suit on behalf of a Los Angeles-based minister seeking to compel the State to defend Prop 8 in court. The Third District Court of Appeals in Sacramento dismissed the suit without comment on Monday. PJI said they would file an immediate appeal the state Supreme Court in hopes of obtaining a reversal on the ruling before the September 11th deadline for action on the Proposition 8 case.

Did you get all that? A constitutional provision that overturned a state Supreme Court ruling, was itself overturned by a District Court; appealing that decision may prove impossible due to supporters being barred from appealing, and the state refusing to do, but the state may yet be forced to defend Prop 8 if an appeal to force them to do so is successful, after initially being dismissed by a Court of Appeals. I've created a diagram to help you understand...