Gov. Arnold Schwarzenegger today told a federal court in San Francisco that the state does not dispute that Proposition 8 may violate the federal Constitution and called for quick action to resolve the legality of the ant-gay measure law."Plaintiffs' complaint presents important constitutional questions that require and warrant judicial determination," the governor said in a written response to a federal challenge of the anti-gay marriage ballot measure.
"In a constitutional democracy, it is the role of the courts to determine and resolve such questions. … The administration encourages the court to resolve the merits of this action expeditiously."
U.S. District Judge Vaughn Walker has scheduled a July 2 hearing on arguments whether Proposition 8 should be blocked pending a trial on its constitutionality.
The state has opposed an injunction on the grounds that it could create legal chaos if the measure is eventually upheld. The federal lawsuit was filed shortly before the California Supreme Court rejected challenges to the measure on state constitutional grounds. Atty. Gen. Jerry Brown has argued that Proposition 8 violates the 14th Amendment of the U.S. Constitution.
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