This is really low. Realizing that it is a possibility Prop 8 could get thrown out, this bastard, State Senator Tom Harman introduced a bill that would force state officials to defend propositions. Basically, Tom is trying to make them defend Prop 8.
Under Senate Bill 5, or the “Attorney General: defense of initiative statutes” bill, Attorney General Kamala Harris would be obligated by law to defend the same-sex marriage ban in court–something both she and her predecessor, now-Governor Jerry Brown have famously refused to do. The text of the bill reads:He ain't slick and I hope this bill fail to pass.
The Attorney General shall not refuse to defend a constitutional amendment or an initiative statute on the basis of it being unconstitutional, or in conflict with, or in violation of federal law or regulation, unless an appellate court has made a determination that the amendment or statute is unconstitutional or otherwise in conflict with, or in violation of, federal law or regulation.
If the 9th Circuit Court of Appeals (which sent the question of standing to the California Supreme Court to figure out) ruled a ballot proposition unconstitutional, the Attorney General would evidently not be bound to defend the law any further. The California Supreme Court is scheduled to take up Proposition 8 in September, leaving a bit of time for Harman to try to get SB-5 passed.