Schwarzenegger: Courts Should Decide Prop 8 Suit

Gov. Arnold Schwarzenegger says a federal lawsuit challenging California's gay marriage ban poses a valid legal question that should be decided by the courts.

Schwarzenegger's position came in a court filing Tuesday in response to the lawsuit filed on behalf of two unmarried same-sex couples who want to overturn Proposition 8.

Heading the legal team for the couples are famed attorneys David Boies and Theodore Olson, who opposed each other in the 2000 presidential election challenge.

Last week, California Attorney General Jerry Brown, also named as a defendant, said in a court filing that he agrees Proposition 8 violates the U.S. Constitution's promise of equal protection and due process.

Schwarzenegger didn't elaborate on the merits of the lawsuit, only saying that it "presents important constitutional questions."
 

Copyright AP - Associated Press
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