Weeks after a federal district judge ruled that Proposition 8, which prohibits same-sex marriage in California, is unconstitutional, supporters of the ban went back to court, according to this AP story in the Contra Costa Times.

The Pacific Justice Institute filed a petition in the state court of appeal that seeks to force Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to defend Prop. 8 in court.

The institute, a conservative legal group, argued that the gov and AG had an obligation to defend Prop. 8 because they represent the people of the state and the people voted to approve Prop. 8

Neither Brown, who is running for governor, or the current governor, has interest in supporting Prop. 8 and have said they instead support same-sex marriage.

Although the federal judge’s decision overturned Prop. 8, the court of appeals very quickly acted on another petition from anti-gay marriage advocates to prevent gay marriages from proceeding until their appeal of the judge’s ruling is heard. Probably within a year.