As the Sept. 11 deadline to appeal a District Judge Vaughn Walker's ruling overturning California's Proposition 8 approaches, the chances that the measure banning same-sex measure will have a valid defendant seem increasingly slim.

Both Governor Arnold Schwarzenegger and Attorney General Jerry Brown have stated that they are not interested in defending the measure. And it looks like no one can make them.

A California court on Thursday denied a petition filed by Pacific Justice Institute on behalf of Joshua Beckley, a senior pastor Ecclesia Christian Fellowship in San Bernardino, that sought to force the officials to file an appeal notice.

According to The Advocate:

Kevin Snider, chief counsel for Pacific Justice Institute, told The Advocate on Tuesday that Schwarzenegger's stance denies voters the right “to a fair and meaningful review of Prop. 8 in the appellate courts."

Brown, however, replied in a statement that he did "not believe that he can be forced to prosecute an appeal of a decision with which he agrees."

Oral arguments in the appeal filed by the coalition of groups that initially sponsored Prop. 8 are set to begin December, but there has been speculation that they do not have the authority to appeal. The Associated Press reports that 27 members of the California Assembly have requested that the governor appeal if Brown won't.