"Both the Governor and the Attorney General were convinced by the merits of Judge Walker's comprehensive factual findings and legal conclusions," says Joan Hollinger, professor of law at the UC Berkeley School of Law. "And," she adds, "as is their prerogative under our state law, they have decided not to appeal his ruling to the Ninth Circuit Court of Appeal. They are both discharging their obligations under California law and do not want to waste public resources on defending a proposition they and their lawyers believe has been appropriately found to violate the federal Constitution."

The next question, say Ms. Hollinger and UC Irvine Law School Dean Erwin Chemerinsky, is who will represent the Prop. 8 case in appeal.