Jerry, Arnold Off the Prop. 8 Hook

Wednesday, Sep 8, 2010  |  Updated 6:00 PM PDT
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Jerry, Arnold Off the Prop. 8 Hook

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LOS ANGELES, CA - OCTOBER 24: Supporters of Proposition 8, which would outlaw same-sex marriage throughout California, rally during at St. Frances X Cabrini Church on October 24, 2008 in Los Angeles, California. As same-sex marriages became legal in California on June 16, conservative churches vowed to fight it and are spearheading passage of Proposition 8 which would change the state constitution to recognize only marriages between one man and one woman as legal. Funding for the campaign to pass Prop 8 has dwarfed that of their opponents in large part because of the resources of conservative churches which maintain that homosexuality is sinful. (Photo by David McNew/Getty Images)

California's highest court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state's gay marriage ban.

      The state Supreme Court on Wednesday denied a conservative legal group's request to force the officials to defend voter-approved Proposition 8.
     
The court did not explain why it turned down the request by the Pacific Justice Institute.
     
Earlier Wednesday, lawyers for Brown and Schwarzenegger said the attorney general and governor have discretion to choose which laws they challenge or defend.
     
Chief U.S. District Judge Vaughn Walker struck down Proposition 8 last month as a violation of gay Californians' civil rights.
 

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