Earlier this summer a federal judge ruled that Prop 8 - the voter approved ban on same sex marriages - is unconstitutional. Both Governor Arnold Schwarzenegger and Attorney General Jerry Brown refused to appeal that ruling. So the conservative Pacific Justice Institute tried to force them to appeal through the courts. Brad Dacus is with the Institute. He says they plan to appeal again because it is the duty of state officials to uphold voters' decisions.
"I think that the Attorney General and the Governor for that matter should not be gleeful about this decision. It in no way exonerates them from their duties."
The Governor's press secretary, Aaron McLear, says the governor is just upholding current law.
"He believes that enough courts have ruled that this is unconstitutional that that ought to be the law of the land."