Prop 8 backers can't defend marriage ban
Lawyer Blogs
California's attorney general has again come out against the state's same-sex marriage ban, this time telling the state Supreme Court the proponents of successful ballot initiatives do not have the right to defend their measures in court.
Kamala Harris, a Democrat who succeeded Gov. Jerry Brown in January as attorney general, submitted an amicus brief Monday in the ongoing legal dispute over the voter-approved ban known as Proposition 8.
In it, she argued that only public officials exercising the executive power of government have authority to represent the state when laws passed by voters or the Legislature are challenged.
"California law affords an initiative's proponents no right to defend the validity of a successful initiative measure based only on their role in launching an initiative process," Harris wrote.
The question of where the role of ballot measure backers ends is critical to the legal fight over California's ban on same-sex marriages. Both Brown and former Gov. Arnold Schwarzenegger refused to defend the 2008 constitutional amendment on appeal after a federal judge struck it down last summer as a violation of civil rights.
Proposition 8's sponsors asked the 9th U.S. Circuit Court of Appeals to allow them to step in, but the court punted the question to the California Supreme Court earlier this year, saying it was a matter of state law.
Related listings
-
Infomercial host pleads guilty in Mass. to fraud
Lawyer Blogs 05/03/2011A Massachusetts man known for his infomercials touting the purported health benefits of coral calcium and Supreme Greens has pleaded guilty to tax and consumer fraud charges.Federal prosecutors say Donald Barrett of Plymouth pleaded guilty on Monday ...
-
California court rejects Phil Spector appeal
Lawyer Blogs 05/03/2011A California appeals court rejected music producer Phil Spector's bid to overturn his murder conviction on Monday, saying it was permissible for prosecutors to call a parade of women who said Spector had threatened them with guns in the past.A three-...
-
Ex-Bush lawyer facing trial for attempted murder
Lawyer Blogs 04/29/2011A former Bush administration official charged with trying to kill his wife at their Connecticut home is headed toward a trial after plea negotiations with prosecutors failed.The Connecticut Post reports the attempted murder case of John Michael Farre...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.