Court won't order California to defend Prop 8
Legal News Feed
California's highest court on Wednesday refused to order Gov. Arnold Schwarzenegger and the state's attorney general to appeal a federal ruling that overturned the state's gay marriage ban.
The state Supreme Court denied a conservative legal group's request to force the state officials to defend the voter-approved ban.
The court did not explain why it rejected the emergency petition filed by the Pacific Justice Institute. The institute had argued that the attorney general and governor were required to uphold all laws, including initiatives passed by voters.
Earlier Wednesday, lawyers for Attorney General Jerry Brown and Schwarzenegger filed letters with the court maintaining state officers have authority to choose which laws they challenge or defend in court.
"The governor, like any litigant, has complete discretion over his own litigation strategy, including whether or not to appeal an order," counsel Andrew Stroud wrote for Schwarzenegger. "Here, the governor exercised his discretion and decided not to file an appeal."
Both men have declined to appeal Chief U.S. District Judge Vaughn Walker's Aug. 4 ruling that found the ban, known as Proposition 8, violated gay Californians' civil rights.
Related listings
-
Court asked to keep stem cell money flowing
Legal News Feed 09/09/2010The Obama administration is asking a federal appeals court to lift an order blocking federal funding for some stem cell research, a day after being turned down by the judge who issued the order.The administration told a federal appeals court in Washi...
-
Top Ga. court considers voter ID law
Legal News Feed 09/07/2010Georgia's top court is considering the legality of the state's oft-challenged law that requires voters to show photo identification before they cast their ballots.The Georgia Supreme Court is set to hear arguments Tuesday on a new type of legal chall...
-
Ginsburg talks about television and the high court
Legal News Feed 08/30/2010Supreme Court Justice Ruth Bader Ginsburg says television has profoundly changed confirmation hearings but declined to say whether she'd oppose televising arguments.Ginsburg told a Colorado judicial conference Friday that TV has made Supreme Court co...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.