The state's highest court rejected an eleventh-hour attempt by opponents of marriage for gay and lesbian couples, who were attempting to force Governor Schwarzenegger and Attorney General Brown to defend Proposition 8 in federal court. Schwarzenegger and Brown did not defend the measure at the trial level, and Judge Vaughn Walker allowed a group of marriage equality opponents to take their place. But there are many questions as to whether those opponents of marriage equality have the standing to appeal the ruling.
The conservative Pacific Justice Institute filed a lawsuit seeking to force the state to defend Prop 8, but a lower court rejected the suit. The institute appealed to the State Supreme Court, which did require Brown and Schwarzenegger to submit briefs explaining their decision - but then denied review without comment, meaning the lower court's dismissal of the case will stand, and the state will not have to get involved.