Proposition 8 declared unconstitutional

[Xiahou]

Depends on whether you view elected officials in Jeffersonian or Burkean terms. Jefferson held that an elected official should reflect the will of her constituency. Burke held that an elected official should work for the long term best interests of their constituency EVEN if that meant opposing the will of that constituency in the short term. I would venture to guess that most of the officials in California believe that restricting marriage to hetersexual unions is morally wrong and that they are duty bound to oppose the short-sighted electorate on the issue.

For just a moment, set aside the gay marriage issue. The logical extension of this is that any law passed by the legislature or by referendum can be cast aside as long as the Governor and AG oppose it. Take any law, challenge it in court, have the AG no-show, and the law gets overturned. The referendum process becomes meaningless if the current regime doesn't support it.

Interesting. I'm sure everyone thinks of themselves as Burkean in nature, as after all this enables one to override all opposition as the other side clearly needs saving from itself.

I'm pretty sure the AG's oath of office is to support the laws of the state. Not to support only the laws he likes. The California Supreme Court already determined that the law was legally enacted- which is why it was elevated to the federal courts. As a duly passed amendment to the state's constitution, I don't see where he can get off on just saying "pass".