Since the Ninth Circuit Court of Appeals decided to delay Judge Walker’s ruling to allow gay and lesbian couples to marry, the California Attorney General’s race has taken on new meaning. Many people don’t usually care about the Attorney General’s race, because it is often overshadowed by the more media covered gubernatorial race. If the GLBT community ignores the AG’s race in November, it does so at its own peril.

When Judge Walker announced his decision that Proposition 8 was unconstitutional, Governor Schwarzenegger and Attorney General Jerry Brown had a decision to make, would they defend Proposition 8 in the Ninth Circuit Court of Appeals? To my surprise and delight, they both said no, let same sex couples get married in California. Unfortunately, that could all change in November.

The Republican candidate for Attorney General, Steve Cooley, says “Barring a law that is unconstitutional on its face, the proper role of an Attorney General is to enforce and defend the will of the People as manifested through the initiative or legislative process. The will of the People should be respected and not overturned easily or lightly. Today’s decision by a federal judge overturning Proposition 8 should be appealed and tested at a higher level of our legal system.” In direct contrast, Democratic candidate for Attorney General, Kamala Harris, posted on her Facebook page “If I am given the privilege of being elected to serve as Attorney General, the oath that I swore to uphold the Constitution of the United States simply would not allow me to defend Prop. 8 in court. California’s next Attorney General will play a pivotal role as this case continues through the court system. I reaffirm my opposition to discrimination against the GLBT community, and we will stand together in this fight. Whether through the courts or the ballot box, my commitment to justice will not waver.” Could the choice be clearer?

The Ninth Circuit Court of Appeals will hear the case in December, after the November election. If Republican Steve Cooley is our Attorney General, he will vigorously defend Proposition 8. If Kamala Harris is our Attorney General, she will not. The contrast could not be more stark or the decision any easier. Unfortunately, once again the decision is with the voters because they decide who will be the next Attorney General. The Cooley campaign is hoping to feed the fire of the tea party and the conservative right by suggesting the court is disenfranchising the California voter. What the courts are really doing is upholding the Constitution, exactly what Kamala Harris has promised to do by not mounting a defense of a clearly discriminatory law.

One technical legal note, Schwarzenegger and Brown have decided not to mount a defense of Proposition 8, creating a situation where the other Prop 8 defenders may not have the ability to mount an appeal because they were not a party in the original lawsuit. They may not have “standing” or the legal right to appeal Judge Walker’s decision. That question is currently being considered by the court. If we elect a Republican Attorney General, the question of the right to appeal Walker’s decision will become moot because Steve Cooley has let us know where he stands. Cooley will ensure that California mounts a defense of Prop 8. Make sure your friends understand how critical it is for our community to vote this November and in particular, to vote for Kamala Harris for Attorney General. Our ability to marry depends on it.