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Brown: Keep Prop. 8 in force until final resolution of federal challenge

Jerrybrown California Atty. Gen. Jerry Brown asked a federal court Thursday not to block Proposition 8, arguing that a resumption of same-sex marriages in the state before the federal challenge was resolved would put those unions in “legal limbo.”

In written arguments filed late Thursday, Brown said permitting gays to marry before appeals in the case are completed “would not serve the public interest because it would create significant uncertainty for many persons [involved in] a relationship in which certainty is of the utmost importance.”

Brown’s decision to oppose an order blocking Prop. 8, which his office contended violated the state constitution, reflects widespread concern among supporters of same-sex marriage that the federal challenge may ultimately fail.

In fact, many gay rights activists openly condemned the federal suit as fraught with risk. They had urged supporters and gay couples not to sue in federal court out of fear that a loss before the U.S. Supreme Court could set back the cause for decades.

Shortly before the California Supreme Court upheld Prop. 8 last month, former U.S. Solicitor General Theodore Olson and prominent lawyer David Boies challenged the anti-gay marriage initiative in federal court in San Francisco. The state high court’s ruling -- based on state law, not the federal constitution -- also upheld the validity of an estimated 18,000 same-sex marriages that occurred before the November vote.

The new suit, filed against the state on behalf of two gay couples, contends Prop. 8 violates the due process and equal protection clauses of the U.S. Constitution’s 14th Amendment.

The state has not yet publicly said whether it would embrace those arguments, but Brown’s opposition to the measure at the state level suggests he might agree with the federal challenge.

The question posed to state officials was whether to put the ballot measure on hold immediately before the constitutional challenges are decided.

U.S. District Judge Vaughn Walker has scheduled a hearing early next month on whether to issue an injunction blocking Prop. 8.

Walker’s eventual decision in the case is likely to be appealed, possibly up to the U.S. Supreme Court, and a resolution of the challenge could take years.

“Staying operation of Proposition 8, without the certainty of a final judgment as to its constitutionality, would leave same-sex couples, as well as their families, friends, and the wider community, in legal limbo,” Brown argued.
 
-- Maura Dolan in San Francisco

 
Comments () | Archives (29)

It is most amazing that Heterosexuals are so VERY capable of CREATING Homosexuals, yet they lack the compassion to care for and protect their very own Gay & Lesbian children.

Even MORE amazing is that they have the NERVE to assume some sort of moral high ground on the issue of abuse and mistreatment of THE VERY GAY & LESBIAN CHILDREN THEY THEMSELVES CREATED.

Morals indeed, Heteros. Morals, indeed.

Homosexuals have difficulty comprehending reality. The majority of people believe in evolution and Darwinism. Gay marriage does not fit into Darwinism. Gays are deadenders and do not accomplish the grand design as set forth by Darwin. Biology and destiny can't be changed no matter how much you wish otherwise.

Chris- Contrary to pseudo-science, gay and lesbian children aren't created, they're formed- and it is one thing to care for and protect your own, and quite another (actually the opposite of care and protection) to condone and facilitate sin- which is how God defines all homosexuality (and all heterosexuality outside of mongamous marriage). Love and holiness cannot be mutually exclusive.

Jerry Brown's position opposing an injunction to allow gay marriage is politically based and hypocritical.

How could the situation with gay marriage in California possibly be more confusing than it is?

Is Brown for equal rights for gays and lesbians or isnt he? He will have to take a position on the merits, unless Judge Walker throws out the lawsuit.

Enough with the Prop. 8 articles! It passed and let's live with it!! I'm sure the gay community will continue to fight and so be it but for now the majority says NO GAY MARRIAGE IN CALIFORNIA!! And that is MY opinion!!

Jerry Brown has already started his campaign to be Governor!!
Question is; Do we really want "MoonBeam Jerry" again?

Martin Weiss,

Contrary to pseudo-religion and pseudo-morality, love is love.

"sin- which is how God defines all homosexuality"

Her Martin Weiss, got news for you: You have no idea how "God" defines "all homosexuality". All you have is the seventh-generation TRANSLATION of what some MAN thousands of years ago INTERPRETED as his idea of what his "god" MIGHT HAVE thought about a very NARROW range of sexuality issues THOUSANDS OF YEARS AGO. That's all you got. So don't tell us how "God defines all homosexuality". It ain't there.

Will you people posting comment stop writing about God, morality and sin, the debate is about two weathercocks here, one governor and one hopeful, it looks to me Californians have a bad voting record.
Religious people shouldn't have to worry, with the GBLT state by state strategy it'll take another 44 years before Gay marriage will be accepted in every state and in the meantime its leaders remain on the gravy train.
Sad, very sad.

Leroy, if you had read any of the recent studies about how homosexual behavior works among various species in the animal kingdom, you would not have offered that remark about gays being "dead enders." whatever that is supposed to mean.

Indeed, some social scientists have gone so far as to suggest that homosexuality among humans functions as part of the process of natural selection as a particular blood evolves through the generations -- a way of controlling "surplus population," if you will, itself a serious issue in fiscally overstretched, overtaxed California.

Plus, there's the simple fact that many gays and other single parents (my sister being one) adopt children whom keep getting born regardless of whether their parents actually want them or have the means to care for them.

To the advocates of gay marriage, Listen, and Listen Good.... Americans are not fighting your right to have equal access, we are fighting the attempt to change the definition of marriage. IF ALL YOU WANT IS EQUAL ACCESS, PROTECTIONS, AND TREATMENT, WHY ALL THE FUSS ABOUT MARRIAGE? The same sex partnership agenda gave you that. Why throw out the baby with the bath water. or is there something is that your simply not telling the public

Are you for real Chris? The same question can be posed to straight individuals who produce 8 kids at once and can't care for them, the straight individuals who have kids and abandon them. the straight individuals that have kids and aren't there for them emotionally (the list can go on and on).

As for Leroy, well my friend if you are so base as to believe that Darwinism is the gospel truth against gays getting together, than what would you say to childless couples, older couples (who can't reproduce), men who are sterile (again the list can go on and on).

At issue, as it always has been, is equality. Do we chose to honor the birthright of every American (Equal Protection Under the Law), as our forefathers declared in the U.S. Constitution or do we disregard it all and appease the mob by denying gays their birthright of equality. I say carefully buddy, today the mob is going after gays. Tomorrow it may go after you.

I hope that gay activists turn their sights temporarily on New York State and help it pass it's gay marriage law -- which seemed like a good possibility but is now the opposition is gaining.

dear leroy,
I understand what you are saying. Homosexuals are (citing the theory of evolution) by definition, freaks of nature. We do not follow Darwin's rules of human nature. We love and are attracted to humans of the same sex and therefore can not reproduce. Since reproduction is the basis for human survival we are rather, to be blunt, redundant. But you seem to either be ignoring or unaware of the fact that not all species need male genes to reproduce. So perhaps, we (homosexuals) are the next leap in human evolution. The next step in human survival. Of course, currently our physical bodies can not reproduce without both male and female genetics. But science is changing a lot of that. And please remember that human evolution occurs in phases (ie. mentally, emotionally... then physically.)
I hope you do some research on the subject. Please google "Parthenogenesis"

And on a side note, I fully comprehend reality. The reality is that odds are I will not be allowed to legally marry in my home state within the next decade. The reality is that millions of people who have never met me, hate me for who I love. The reality is that I and thousands of other homosexuals have to fight everyday for the basic human rights that everyone deserves.

Who cares if gays can get married?

I have no problem with blacks getting married.

I have no problem with Jews getting married.

I don't even have a problem with ugly people getting married.

Why should anyone care if gays can get married?

@Leroy

While I appreciate the effort at accepting Darwinism, you should read a few books on it. You could start with Origin of the Species.

Or you could simply do a Google search on "altruism," for one of many clear examples of why homosexuality is evolutionarily sound. In many animal populations, individuals that do not procreate are critical to the survival of the species, as a whole.

I think that putting anything like Prop 8 up for a public vote is blatantly unconstitutional to begin with. The minority, by definition, always loses. What if Lincoln had decided to have slavery put up for a vote? Prop 8 is wrong. But Jerry is right about going about this legally. Eventually, it will be overturned. Hopefully, sooner rather than later. The pursuit of happiness is, after all, subjective.

I am so sick of this issue.

Even if the homosexuals get their way, they still will not get the recognition and acceptance they seek.

Their civil union would be referred to with distain by the masses as being in a 'gay marriage' versus married.

You can't force people to accept redefining marriage to include same sex unions - even 'if' the US Supreme Court rule in your favor, or, when, in the case of the east coast Legislatures, Not The People, rule in your favor.

Brown, Newcome or Vileragosa will never get my vote.

Yes, by all means. Take it to the federal level so we can put this homosexual "marriage" non-sense behind us once and for all. I'll bet people living in a homosexual "marriage" states who was ambushed by their legislators would love the idea of challenging this on a federal level.

To all of you "Christians" who love to quote the Bible, tell me what God thinks and use your beliefs to flatter you own ego, you need to listen up: the USA is not a theocracy and freedom is coming for gay Americans. The closet doors have been broken and we will not be intimidated by your faith based hate. You do a great disservice to your faith and will quickly find yourselves on the wrong side of history and morality. So beware, a few short years from now you will look like the cretins who loved to use the Bible to condone slavery and the subjugation of women.

I find it hilarious to see people quoting Darwin and his thoughts on evolution. I fail to see how society will be affected if a 5-10% of the population fail to reproduce, specially when many gay couples adopt, nurture, and help to the survival of children. Homeless, orphan, disabled children conservatives do not wish to help because it is too costly.

Second, evolution is a scientific idea, when it comes to moral/ethic/philosophical discussions it is quite irrelevant. If you all wish for Darwinism to function its science, de-establish marriage altogether so that males can nail your mother, your sister, and as many females as possible... like science intended us to be - another of many species.

You did not finish it.

I don't care if whites get married.

But I am oppose to same sex-marriage

Gay people are so anxious to get married while heterosexual people are getting less and less interested in marriage. Gay people are so desperate. They want everybody to agree with them. They want to spread AIDS. Dont they realize the reason there is AIDS is because of this pervert lifestyle. Even my 10 years old son can easily figure this out. Gayness equals more AIDS. You can do the AIDS walk, AIDS research, but for as long as this gayness continues there will always be AIDS or maybe something worse than AIDS. Gayness is wrong. Gayness means more AIDS.

It's refreshing that Brown has seen fit to uphold the clear will of California voters in amending the State Constitution to define marriage as being between a man and woman!! The fact that 70% of African-Americans voted for Prop. 8 clearly demonstrates that a clear majority of black folks reject the attempt of gay-rights activists to equate their chosen lifestyle with the black civil-rights movement...

I'm not going to make value judgments about how other people live their lives peaceably; however, I also feel this guy is productively misreading Darwin to his own ends. I don't think Darwin's theory is teleological in nature nor moral but actually quiet the opposite. Gays are part of the diversity of life and are Natural. Ironically it is Religion which is unnatural.

 
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