to the state of california and the citizens of california, to represent the state of california along -- >> who -- who would appoint him? the same governor that didn't want to defend the plebiscite? >> well, that happens all the time. as you recall in the case of -- well, let's not spend too much time on independent counsel provisions, but -- [laughter] >> the governor -- the government of the state of california frequently appoints an attorney where there's a perceived conflict of interest -- >> i suppose -- >> -- and that person would have a responsibility for the state and might have responsibility for the attorneys' fees. >> i suppose there might be people out there with their own personal standing, someone who performs marriages and would like that to remain open to everyone but would prefer not to perform same-sex marriages, or other people. we seem to be addressing the case as if the only options are the proponents here or the state. i'm not sure there aren't other people out there with individual personalized injury that would satisfy article iii. >> there might well be in --

of california. they made a professional judgment, given their obligations as officers of the state of california. the california supreme court has said that proponents -- and by the way, only four of the five are here. dr. chamowitz drew from the case because of some things he said during the election -- dr. camp which drew from the case because of some of the things he said during the election process. is it true that if the attorney general and the governor do not like the ballot initiative, it will go undefended? correct one of your colleagues? >> in one of your colleagues have suggested there could be an appointee of the state of california who had a fiduciary responsibility to the state of california and the citizens of california to represent the state of california. >> who would appoint him, the same governor who did not want to defend the? >> it happens all the time, as in the case of -- let's not spend too much time on an eventual counsel provisions. -- on individual counsel provisions. [la

to the state of california and the citizens of california, to represent the state of california along -- >> who would appoint him? the same governor that didn't want to defend the plebiscite? >> well, that happens all the time. as you recall in the case of -- well, let's not spend too much time on independent counsel provisions, but -- [laughter] >> the governor -- the government of the state of california frequently appoints an attorney where there's a perceived conflict of interest -- >> i suppose -- >> and that person would have a responsibility for the state and might have responsibility for the attorneys' fees. >> i suppose there might be people out there with their own personal standing, someone who performs marriages and would like that to remain open to everyone but would prefer not to perform same-sex marriages, or other people. we seem to be addressing the case as if the only options are the proponents here or the state. i'm not sure there aren't other people out there with individual personalized injury that would satisfy article iii. >> there might well be in a different c

to the state of california and the citizens of california, to represent the state of california along -- >> who would appoint him? the same governor that didn't want to defend the plebiscite? >> well, that happens all the time. as you recall in the case of -- well, let's not spend too much time on independent counsel provisions, but -- [laughter] >> the governor -- the government of the state of california frequently appoints an attorney where there's a perceived conflict of interest -- >> i suppose -- >> and that person would have a responsibility for the state and might have responsibility for the attorneys' fees. >> i suppose there might be people out there with their own personal standing, someone who performs marriages and would like that to remain open to everyone but would prefer not to perform same-sex marriages, other people. we seem to be addressing the case as if the only options are the proponents here or the state. i'm not sure there aren't other people out there with individual personalized injury that would satisfy article iii. >> there might well be in a different case

of california. they made a professional judgment, given their obligations as officers of the state of california. the california supreme court has said that proponents -- and by the way, only four of the five are here. dr. chamowitz drew from the case because of some things he said during the election -- dr. camp which drew from the case because of some of the things he said during the election process. >> is it true that if the attorney general and the governor do not like the ballot initiative, it will go undefended? correct one of your colleagues? >> in one of your colleagues have suggested there could be an appointee of the state of california who had a fiduciary responsibility to the state of california and the citizens of california to represent the state of california. >> who would appoint him, the same governor who did not want to defend the? >> it happens all the time, as in the case of -- let's not spend too much time on an eventual counsel provisions. -- on individual counsel provisions.

that california permits that. and the court, there is something like 37,000 children in same-sex households in california today. there are also 18,000 same-sex marriages which are not at issue in this case. it's easy to say that children would be better off in that relationship but if you have heterosexual relationships permitted in california and marriages between persons of the same sex, it doesn't change where the children will be raised. if a child is a product of a biological relationship between a man and a woman, that's up to that man and that woman to keep them together. i think judge reinhardt suggested that a better remedy for that would be to prohibit divorce. but that's not something that californians are interested in doing. >> are we free to use anything other than the rational basis test in the ninth circuit? >> oh, yes. i believe very strongly that you are. the hernandez case talks about immutability. thatif to the extent you're, that you're referring to any other aspect of the, the doctrine of hei

trout man, california grand jurors association, president. (applause) >> well, finally, i want to thank all of you for being here for this event and for helping to shine light on what i've begun to call california's best kept secret. so, from the bottom of my heart and on behalf of the california grand jurors association, thank you for all your help. and please, on your way out, take advantage of some of the literature, the san francisco gazette from your past jury is available. and other brochures and information about the california grand jurors association and the works we do. our support doesn't stop with just the preliminary training for grand juries, but provide resource he throughout the year on the website. the information is there in the packets. thanks again for being here. >> thank you, too. (applause) >> i do want to just acknowledge ken malley. you mentioned, bill mentioned everything he did. he did mention that he picked me up and drove me -- called me 10 times and make sure -- [laughter] >> so, i did want to express my apprecia

prop 8 only speaks to california and bans same-sex marriage in california. >> scott: vik, they are different, but intersect. we will learn about what the justices feel about doma on tuesday when they ask questions about prop 8. what are the legal even tantangs here? >> jane is correct. the supreme court could strike one down without affecting the other. their way is to do that. both at the procedural level and substantive lae substantive level, there are comm commonalities. how do we defend a statute, the president and attorney general and governor, decline to defend? in both of these, the elected executive officials declined. that is a common question. on marriage, at base, the cases ask a fundamental question of protection under the 14th amendment. how skeptical should the court be on the laws that discrimination on sexual orientation. >> scott: they could strike down doma and not allow anybody to get married. >> if they strike doma down on certain grounds, doma violates basic rights of equality, that leaves a lot that ban same-sex marriage dangling. >> scott: there is a question of standi

california got an f. coming in at the bottom of the pack. i asked her why. >> with all due respect to some of these states, we got lumped in with alabama, montana, nebraska, north dakota. i mean, these are hardly -- you could hardly compare these on other levels to california when people consider us to be an innovation hub. >> yeah. >> in the country and yet we're lumped in with these other states. >> yeah. we are lumped in with some of the lowest-performing states in the country because if you look at the public education in california, we are not -- we used to have the best public education system in the country and we've gone from first to worst and it's astonishing, actually, to see how little progress the state has made compared to where other states across the country are that have prioritized this issue. >> so nobody got an a? >> i'm a tough grader. nobody got an a. we had a couple states that had b minuses. a few cs but quite frankly, lots of ds and fs. lots of people came up to me and said, you were so harsh. i said, well, let's loo

a california focused option. i -- they asked whichs about that and obviously whatever decision they make and how they fashion it, whether it's an eight state solution, as the solicitor general has talked about or a california focused decision or a broad ruling, the legal reasoning, lying beyond that, equal protection is fundamental to any of the remedies regardless of how broad they may fashion it. i'm not going to predict exactly how the court is going to come out but we think that the equal protection argument is strong and will have vitality not just in california but across the country. >> andy your final response. >> well, i think this has been a very long road and your program earlier detailed the many years and many twists and turns this case has taken and i think it'll be good for the initiative process and for the people's confidence in their system of government, hopefully in june we will have a ruling from the court, saying this is something that the court shouldn't -- impose on the people of californi

from farm to feast, stay tuned for more of the tempting tastes of california. >> welcome back to "california country." >> at the kitchen in sacramento, chefs are busy preparing tasty dishes using a vegetable that's increasing in popularity. california endives are showing up on more and more dinner plates. >> i mean, you see a lot of people use, uh, the endive as vessels. so they'll take just the leaf off and put things in it and serve it that way. uh, i think it has a lot of different uses. >> the chances are if this vegetable's on your plate, it's probably grown by california vegetable specialties, a company headquartered in the tiny hamlet of rio vista, between san francisco and sacramento. the first thing the owner did was give us a lesson in pronunciation. >> so what we grow here at cvs is spelled e-n-d-i-v-e. however, it'pronounced quite differently, and the correct pronunciation is this--on-deev. >> obviously, uh, rio vista, where rich works, is about as far away from france as you can get, so we tend to call it en-dive. now, i know rich is cringing in his seat as i say this, as he has

this is why we live in california, right? >> and he brought his tie to match. >> always signals. >> thanks. >>> okay, you know the drills, among the biggest sporting events of the year, and many of us watch march madness wherever we can, yes, even at work, in fact, so much basketball is watched at work that the band width at many offices gets clogged up. scott budman found a company that could help. >> reporter: march madness is everywhere these days. on your laptop, on your tablets, and on your smartphone. all that basketball streaming over wi-fi connections, is quickly bringing offices all over the country to their knees. >> so you see the spikes up and down, taking up more band width. >> reporter: those spikes, caused by people streaming the march madness, causes the data to move more slowly through the office. >> and stopping people from sending out e-mails, or moving files. >> reporter: it is what keeps sunnyvale's blue coat system going. think of a pipe, if it gets clogged up thanks to multiple devices due to high defin

they've all gone to california. they all started digging for gold, and suddenly his brothers realize very quickly that the way to make a secure living was not to dig for gold and lose your shirt, but to sell things to the guys who dig for gold. so the stanford brothers open a series of little shops in the sierras selling pick axes and bags of rice and camp gear and liquor to the miners. stanford, leland stanford in wisconsin is exchanging letters with his brothers. they're saying come out here, the getting is good. stanford's law office burns in a fire, he loses his files, he loses his law books, and he decides i don't want to be a lawyer, i'm going to california. he goes to california and joins his brothers. he borrows money from them, he opens a shop in the mountains called stanford and smith and sells to miners. stanford is a taciturn businessman. he's practically wordless. anybody who met him reported the same thing, he has five words an hour. he is laconic to the point of pathology. [laughter] but he's an amiab

>> comg up next on "california country.. it's crunch time as we dig up what goes into one of our favorite snacks... and you don't even have to leave your car to see how farming is blossoming in one part of the state this time of year... then we put the "fun" back ifungi with tips from an expert. it's all ahead and starts now. [captioninmade possible by california farm bureau federation] >> welcome to the show. i'm your host tracy llers. we're in the beautiful mountains of el dorado county today, which is just a short drive away from sacramento. andhat brings us to our first story. if you're anything like me, you've probably consumed this next produce item at let once this week. that's because it's been called america's favorite vegeble. but we like to call it a reason to get our hands dirty and meet some real potato pioneers. with their adaptability and versatility, it's wonder potatoes are a fan favorite. bad, mashed, diced, or scalloped, no matter how you slice it, from potato chips to french fries d almost anything in bet

welcome to this week in northern california. next tuesday, more than four years after california voters approved proposition 8, the state's ban on same-sex marriage, it gets a hearing from the u.s. supreme court. it will hear arguments for the defense of marriage act known as doma. we discuss the issues before the u.s. supreme court. it's the final stop on a long and winding legal road. let's begin with a look at how it all started. the week of valentine's day, 2004, newly elected san francisco mayor gavin newsom, boldly, some said recklessly orders to grant marriage licenses to same-sex couples. >> we reignited a fundamental debate. >> scott: outside city hall, gays and lesbians lines up around the block. about 4,000 couples tied the knot. it was not to last. at the urging of then governor schwarzenegger, the supreme court stopped the marriages. over the years, it snaked its way through the judicial system. in 2008, ruling banning gay unions violated the state constitution. it cannot be denied based on it. >> so goes the rest o

we were plaintiffs in the california state pays for equal marriage rights to society in 2008 by the california supreme court, so we were proud to be at the supreme court standing with the plaintiffs in these historic cases and with the legal teams. really with the community. like our case in california, these are the community's lawsuit. as my husband said, it feels like our very lives are before the court, but there is no mistaking this historic moment, the momentum leading up to these hearings is incredible. every day when we turn to the headlines, there is some new poll showing increased majority support nationwide for equal marriage rights. we have come to washington at several other historic juncture is to protest the hours vs. hardwick decision upholding sodomy laws to celebrate the lawrence versus texas decision in 2003, which overturned sodomy laws. and we came back in 2004 after we exchanged vows in san francisco city hall. we came here on a bus tour across the country with other same-sex couples, married in city hall and our friends and loved ones and supporters to rally in washingto

what does california tell us about america? when prop 8 passed, the state's biggest and historically most liberal counties approve of it. in january of 2000, only 39% of squalled liberal californians supported same-sex marriage. by the time proposition 8 landed on the ballot, same-sex marriage had gained significant support. 48% of californians voted in support of marriage equality in the 2008 election. by may of 2012, californians had an official change of heart. as of last spring, 54% supported same-sex marriage and support continues to grow. as the supreme court debates whether law making must catch up to social science, prop 8 seems to have outstayed its welcome on the left coast. how far behind is the rest of the country? let us bring in david sarota, salon.com contributor. david, have you a great piece in salon talking about california. it is dramatic to me. we talk a lot about the national shift in moods and feelings over marriage equality in california, which as you say is sort of vilified and celebrated as this haven o

trout man, california grand jurors association, president. (applause) >> well, finally, i want to thank all of you for being here for this event and for helping to shine light on what i've begun to call california's best kept secret. so, from the bottom of my heart and on behalf of the california grand jurors association, thank you for all your help. and please, on your way out, take advantage of some of the literature, the san francisco gazette from your past jury is available. and other brochures and information about the california grand jurors association and the works we do. our support doesn't stop with just the preliminary training for grand juries, but provide resource he throughout the year on the website. the information is there in the packets. thanks again for being here. >> thank you, too. (applause) >> i do want to just acknowledge ken malley. you mentd,

what covered california is? how is that going to work? how is it going to overlay with our employers from one employee to the 99 employee, which is our purview. and then eventually how that will overlay with the healthcare security ordinance? so i just want to extend my appreciation for really taking the time and helping us think through this. >> welcome, tangerine. >> thank you, commissioners. thank you so much regina. so before getting into the intersection between the affordable care act and the health care security ordinance, i wanted to give a brief, as brief as possible synopsis of the affordable care act and the provisions around health care expansion. so the affordable care act requires many, but not all individuals in the united states to actually have insurance, or pay a penalty. that is what you will hear referred to as the individual mand yet. mandate. there are other requirements, people who are incarcerated and people who have religious exempt ions, but for the most part individuals in the united states will get coverage as

from farm to feast--stay tuned for more of the tempting tastes of california. >> welcome back to "california country." >> joanne neft didn't start out a few years ago yearning to become a food rock star, but now, in placer county, her swirl of bright gray hair turns heads everywhere she goes. >> 20 years ago, i started the farmers' markets in placer county. and i thought to myself, what could we do that would help people understand that there's something wonderful to eat in placer county every day of the year? i had a friend, susan dupre, who came for lunch in december, and we had what i had picked up at the farmers' market on saturday. and so we finished our little lunch, and she pushed her chair back from the table, and she said, "why don't you just write a cookbook?" >> so along with professional chef laura kenny, joanne decided to show her friend and the rest of us just how it's done. >> so we started two weeks after we decided we were going to, and we had dinner, just the 4 of us, on january 5, and it was awesome. so we decided we should invite some more people to come with us. >> joann

of california. they made a professional judgment given their obligations as officers of the state of california. the california supreme court has said that proponents -- and by the way, only four of the five are here. dr. tam withdrew from the case because of some -- many things he said during the election campaign. >> well, mr. olson, is it your position that the only people who could defend a ballot, a law

march is a great month for skiing here in california. when you go down the mountain whether it's on a board, a sled, or skis, you know there are safety risks but now potential hazards are documented. ski resorts are under the microscope. we show you the first ever ski resort report card. >> reporter: going up, taking off and tearing down. but do the dangers go beyond the inherent risks of skiing and snowboarding. >> this is a steal fixed cable. >> reporter: from cables at neck height. run down chair lifts, to exposed metal poles. nick can find it. he's a former ski patroller and expert witness against the industry. >> you need to give the people the information they need. >> reporter: he led a team of researchers who made unannounced visits to every california ski area. his findings became the basis for this safety report card by the california ski and snowboard safety organization. the group gave areas grades from a b to an f. >> it was put together on a single day. >> reporter: the lowest gray in lake tahoe, a d given to donner ski rav

it was the first mega fire that california really experienced. and we thought, well, it will be, that's a career fire, that will be it. then 2007 came around. in 2007 we had another fire siege, same weather scenario, but we didn't have one cedar fire, we had five of them just in my county alone so we were inundated by a large scale disaster in 2007. as an example of our agreement and the efficiency of that agreement is we had orders to (inaudible) at 0000 that day. that's a 4 hour activation time and that shows the dedication and effort to leaning forward to the mission with these agreements that we can have a 4-hour activation. i've been in this business a while and i'll say that's unprecedented with any civilian emergency services agency going to a dod asset and having it engage in 4 hours. >> commander, anything you want to share? >> more recently in 2012, two squadrons provided 3 aircraft and the notification process was approximately 2 to 3 hours. we have expanded the capability in the navy, as i said earlier, and that allows for that rapid

schools and pro california. >> california educates one of every eight children in the entire nation. if we can move california, the entire dynamic changes. >> says she'll need an uprising to do it. >> and i hope that everybody else becomes a radical, too. >> don't count on everyone. the california teachers association, the largest teachers union in the state with more than 300,000 members, is ready to take on rhee. giving us a statement, it reads in part, "it looks like her real agenda it s to exploit our underfunded schools raise more money to back unproven reform ideas like more standardized testing and private school vouchers, or attacking experienced teachers." "you don't put students first by putting teachers and parents last." ironically, this morning nine california school districts including san francisco and oakland announced that they'll use student achievement data in a proposed new accountability system. and it's part of their move to get a waiver from the federal no child left behind legislation which, in turn, would give them more access to $100 million in federal funds

at the california puc, we are actively engage on that setting on the proceeding that they are conducting on pg and e's proposed green tariff omtion, they proposed a 100% green power product. that product is proposed to use green e energy certificates, it's anticipated to enroll 30 thousand residential accounts, which is about .68% of eligible customers, and they are proposing this program to serve all of the customers across their service territory. they expect to reach that 30 thousand enrollment by the end of the third year of the program, and just by way of comparison, we're talking about enrolling in our clean power sf program 50 to 90 thousand residential accounts day 1, you know, and that's in part because our program is an opt-out program, the green tariff option program pg and e is proposing is an opt-in pro program so it's projected that the differences that i communicated to you are pretty fair to assume given that that key difference in the enrollment strategies. pg and estimating is estimating their price premium to be about 6 dollars a month if r the average residential cust

even without a disaster the infrastructure here in southern california is woefully and. still not up to date and a room and i know that there are several nuclear power plants i'll long the coast of california and other places let's talk about the san onofre nuclear power plant and its readiness to withstand an earthquake is it prepared. well that's right i said over a plant lies have a between los angeles and san diego now that plant was built for more than four decades ago and they can also cater to that six point five earthquake would hit the area so it's designed to withstand a seven point five earthquake now if you take a look at the japanese earthquake which damaged the fukushima plant now there was an eight point nine now scientists here are predicting a magnitude quake of that size here in california but that hasn't let you know that has really calm the nerves there especially when you look at the fact that there are more discoveries when it comes to faults in earthquakes every single year just two years ago scientists discovered fifty more earthquake faults just

[captionibg made possible by california farm bureau federation] >> coming up on "california country," see how one farmer is breaking bread with his customers, literally. then we offer an ode to olives thanks to this historic company. and see how salads are getting a makeofer thanks to these long-time farmers. plus see how your flowers get from the field to the florist. it's all ahead, and it starts now. nestled into the hills of the quiet little town of ojai is where you'll find the rio gozo farm. "rio," which means river in spanish, and "gozo," which means joy, is run by former chef and now full-time farmer john fonteyn. and if you watch him work long enough, you'll realize just how much gozo is actually flowing around these parts. >> good morning. >> you, too. how are you all? i mean, my first love qith food wap really preparing food and cooking it. i just kind of felt like since food was a relationship i'm gonna have my whole life, and one i check in with 3 times a day, that it'd be good to really kind of explore it deeper. >> and john gets to explore his love f@r food every day, n

the ban on same- sex marriage in california. the comments were an ideological with justice anthony kennedy appearing to be in the middle. on one hand saying that he does not know the potential harm if it is done nationally but at the same time. children of same-sex couples are being harmed because their parents are not allowed to be married. this decision is expected sometime in the month of june. dan kerman, kron 4. >> pam: same-sex marriage supporters gathering in san francisco tonight. kron4's vicki liviakis is live in front of the she's been monitoring the growing crowd. vicki? >> yes, pam. we are on the steps of the california supreme court which is a key player in this controversy. the rally is in support of same-sex marriage and that is in the whohands of same- sex they are very optimistic. if you were a betting man which would you think that it is going to be going? >> proposition 8 is going to be unconstitutional and doma is also going to be ruled unconstitutional. >> reporter: if it goes the other day what will you do?

mostly in southern california, but also, of course, in northern california around sacramento, and around monterey. that's going to be hit really hard, too. $87 million worth at least of education cuts, which means secondary education, some primary education, plus head-start, plus special education, there are all sorts of cuts coming through. will it affect the overall recovery in california? i think, perhaps, not so much, but i think a lot of people are going to be hurt. how they get hurt, how deeply they get hurt, really remains to be seen, because i think the cuts are going to be rolled out fairly slowly and carefully. this has gone, i think, from an apocalypse to a slope, and i think the administration would just assume see it being a body slope. >> some specific numbers have been tossed out already. and you kind of touched on this. 1,200 teaching jobs at risk. 8,200 children will lose head-start. some of the cuts are taking effect immediately, but really, when will we feel the full brunt? because furloughs probably won't happen for another month. >> i'm not sure anybody really knows

a california focused option. i -- they asked whichs about that and obviously whatever decision they make and how they fashion it, whether it's an eight state solution, as the solicitor general has talked about or a california focused decision or a broad ruling, the legal reasoning, lying beyond that, equal protection is fundamental to any of the remedies regardless of how broad they may fashion it. i'm not going to predict exactly how the court is going to come out but we think that the equal protection argument is strong and will have vitality not just in california but across the country. >> andy your final response. >> well, i think this has been a very long road and your program earlier detailed the many years and many twists and turns this case has taken and i think it'll be good for the initiative process and for the people's confidence in their system of government, hopefully in june we will have a ruling from the court, saying this is something that the court shouldn't -- impose on the people of californi

[captioning made possible by california farm bureau federation] >> coming up on "california country": think this sweet treat just cab't get any better? think again. >> oh, my! it's ready. >> it's ready? >> it's ready. >> then find out why this meal was 52 weeks in the making. >> i would like you to know that this morning at the farmers' market, we purchased everything that you're gonna have for dinner tonight. >> next, learn the hidden ranching roots behind hearst castle. and they're a summertime favorite--see what you can do with some of the season's best frtit. it's all ahead, and it starts now. [captioning made possible by california farm bureau federation] >> ♪ la la la la la la da da da da... ♪ >> here at birk's restaurant in santa clara, they're known for being a south bay institution. since 1989, plate after heaping plate has been served up to a pretty discriminating crowd. and no matter how full they are, most leave room for dessert, desserts that are almost too pretty to eat--almost. >> here we have the orange- creamsicle-flavored ice cream. it sits on a carved-out half o

activities report, a, status update on clean power sf program, b, status update on proceedings at the california public utilities commission. >> thank you very much and we have presentations from barbara hale of the pcp and nancy miller from lafco, i didn't see you over there. >> barbara hale, assistant general manager for power, we provided some handouts that are available to the public and to the commissioners, i just wanted to give you a quick update on three items, where things are at with the sfpuc and the california public utilities commission, the status of our customer notification and education plan and an update on our legislation related to clean energy and ms. radica fox will provide the legislative update for you, with respect to the first item, the sfpuc activities, we are progressing as planned, we are on time as our time schedule, we have rated options possible at our commission on march 12th, at that time, we'll be presenting our commission with a customer poll results, we'll be presenting the not to exceed rate for adoption and possible adoption, consideration and possible adop

the chemicals have been used in california since the 70s. firefighters are among those who want their use stopped. tony is a retired san francisco fire captain who has cancer. >> i was told by my doctor that it's a rare form that's normally found in people that are exposed to chemicals. >> reporter: he and others testified before a department of consumer affairs board looking into changing how furniture is tested using not a flame but smoldering fire. >> what the upshot of that means is that manufacturers will not have to use chemicals in the foam in furniture if they don't want too. >> reporter: representatives of the chemistry council wouldn't go on camera with us but denied chemicals are toxic. they said the elements are critical and must gain approval from the epa. legislative efforts fought by chemical companies to eliminate the use have failed several times. >> i live we have a governor now that understands both sides of the issue and i believe that he is prepared to do the right thing and it looks like it'll happen. >> reporter: look

we have good situational awareness what's going on in the state of california. they normally put us in an alert stat us so we're prepared to respond in an attack mode. i don't often work with

to the state of california and the citizens of california, to represent the state of california along -- >> who would appoint him? the same governor that didn't want to defend the plebiscite? >> well, that happens all the time. as you recall in the case of -- well, let's not spend too much time on independent counsel provisions, but -- [laughter] >> the governor -- the government of the state of california frequently appoints an attorney where there's a perceived conflict of interest >> i suppose -- >> and that person would have a responsibility for the state and might have responsibility for the attorneys' fees. >> i suppose there might be people out there with their own personal standing, someone who performs marriages and would like that to remain open to everyone but would prefer not to perform same-sex marriages, or other people. we seem to be addressing the case as if the only options are the proponents here or the state. i'm not sure there aren't other people out there with individual personalized injury that would satisfy article iii. >> there might well be in a different case

and it was referred to the california supreme court, which ruled as a matter of california law that the performance of the issue were the proper parties to defend the statute when the attorney general and the governor did not. then went back to the ninth circuit and the ninth circuit decided the law was unconstitutional as a violation of equal protection, unlike the district court, which ruled on due process. it did on a very narrow grounds, on the grounds that because california once had same-sex marriage as a matter of state constitutional law, it was subject to a higher standard when it tried to take away that right and the state had not met that standard. on bond review was sought and it was denied, and in the case went on to the supreme court, which has agreed to hear the case, including the issue of whether there is the proper jurisdiction, the problem being that the proponents do not have standing in the ordinary sense of the word, that is, they are not directly injured in the normal sense. the supreme court will hear that argument tomorrow. in the meantime, the solicitor general