Governor Arnold today filed the Administration's response to the federal challenge against Prop. 8 filed by the American Foundation for Equal Rights and attorneys Theodore Olson and David Boies.
The Governor did not dispute the unconstitutionality of Proposition 8 and called for swift action by the courts.
“Today's filing by Gov. Schwarzenegger bolsters our call for a swift end to the constitutionally intolerable situation created by Proposition 8. We are extremely pleased Gov. Schwarzenegger does not dispute the unconstitutionality of Proposition 8 and agrees that swift action is needed to ensure that every person is treated equally under the law,” said American Foundation for Equal Rights Board President Chad Griffin. "Exactly one year ago today, thanks to the state Supreme Court, equal marriage rights were granted to every Californian for the first time. We look forward to the federal courts granting those equal rights once and for all by quickly acting on this case."
Gov. Schwarzenegger’s filing states: “Plaintiffs’ complaint presents important constitutional questions that require and warrant judicial determination. 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.”
Just last week, California Attorney General Jerry Brown filed a brief, calling Prop 8 unconstitutional.