The (democratically elected, BTW) AG, in her professional opinion as, you know, an attorney, determined that the law was unconstitutional and refused to enforce it.
He, under oath, swore to enforce laws passed by her constituents. It isn't her job to determine where something in unconstitutional or not. People always complain around here about a theocracy and this sounds like a pure theocratical power grab by the AG. And yes, you can vote the AG out, eventually, but the AG in the case should be downright impeached for not upholding what he vowed to uphold.
Well, yes, there is always the potential for the abuse of elected (or appointed, however your AG works) power.
That was the meat of the decision: The Supremes carefully considered whether anyone was screwed, and decided that the people complaining had, in fact, not been screwed.*
The people complaining just wasnt about them bring *screwed but all the of the people of the state of california being *screwed as well. Why have an amendment that the people of california vote on that can so easily be refuted? That doesn;t seem like something the founding fathers would have wanted or approved of. On top of that the very same people (and a small group of people in question here that was sent to represent everyone else who voted for Prop 8.) can't even defend what was voted on because the AG refuses to enforce it? This just wasnt about harm to the 6 or 7 individuals before the court but to rest of the people of california and harm to amendment system as well.
As bjdevil said earlier, this is WRONG. He should be at least impeached. At least. And this is a BAD precedent. Next thing you know some other law will get passed and the AG will say, "hey i don't llke that law, *screw it!, I am not going to enforce it.
Solutions are obvious if one only has the optical power to observe them over the horizon. -- K.A. Arsdall