AG Jerry Brown, Prop. 8 defender. now seeks ban on same same-sex marriage ban

Hey, it's legal stuff. Who said it has to make sense?

California's Democratic Attorney General Jerry Brown was for defending the recent voters' approval of Prop. 8 banning same-sex marriage before he was against it.

Less than an hour ago Brown, who has his eyes on the governor's chair again come 2010, made the surprise announcement that while he used to think he had to defend any legal challenges to Prop. 8 as California's chief state attorney, he's changed his mind and is attacking it.

Now, he's filed his own legal challenge because, he says, the successful proposition "deprives people of the right to marry, an aspect of liberty that the Supreme Court has concluded is guaranteed by the California Constitution."

It is usually the attorney general's duty to defend the state's laws, including those enacted by the people of California through the proposition process.

But after studying the matter, he says, he came to the conclusion that gay rights activists were correct in arguing that the proposition amounted to a constitutional revision, instead of a more limited amendment.

Brown added: "Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification."

Oh, and by the way, do you know who's the lead defender of the proposition before the state's Supreme Court? It's Kenneth Starr. THE Kenneth Starr.

More on this by Jessica Garrison over at L.A.Now now and later.

--Andrew Malcolm

Married or not, register here for cellphone alerts on each new Ticket item. RSS feeds are also available here. And we're on Amazon's Kindle too.

Photo credit: Associated Press

Comments

[Zevach]

Our state finds itself in a horrible economy and with a state budget we cannot afford but our Attorney General has decided to ignore the will of the majority of Californians and spend money we don't have to fight a proposition that was recently passed. Again; think prop. 22. Is it any wonder we're all fed up with politicians that are so egotistical they think they know better than the majority? Amazing...

[Bobby]

"Brown, who has his eyes on the governor's chair again come 2010"

If he really was the pandering populist you want to make him out to be, wouldn't it be more appropriate for him to support proposition 8? I mean, we know that a majority of California's voters supported for that! His change of position took guts!

[Gaumata]

I guess some laws are more equal than others.

[Gib Wallis]

Thanks for the heads up by Twitter!

His arguments are quite lengthy at 111 pages!

[Mason]

Traitorous dog.

[John]

Once again - the people have spoken & voted against gay marriage.

And once again, the far-left wing liberals seek to get what they want via the court system, rather than have to live with what has been democratically agreed to through the voting process.

How truly sad this is.

[david]

If Prop 8 was unconstitutional why did AG Jerry Brown participate in the process including renaming the title of the ballot measure. Oh yeah, he "didn't think it would win."

[Doug Hall]

Prop 8 DOES NOT deprive anyone of the right to marry! It only doesn't recognize a man marrying another man or a woman marrying another women. If they don't want to marry someone of the opposite sex then need to live with that decision, not force everyone else to accept their desires.

[Why not change gravity law ?]

Attorny general Moonbeam is just another example of how little respect many democrats have for democracy and
how much they are willing to trample family values to
exploit hysterical militant fringes in the belief that the
majority will cave in to their bogus civil rights arguments.
Change we can believe in...fine....not change for the sake of change.Let' learn to live and accept self evident
truths regardless of how much tantrum is generated by
the far left fringes.

[Bob]

Yes how dare the people have a say in their culture. It is a well known fact that homosexual marriage is a well established fact in many ancient cultures. It was not until the rise of evil Christianity that societies turned away from the norm of homosexual marriage to only allow heterosexual marriage. How long can a society exist that allows heterosexual marriage? Just common sense and natural law will lead anyone to the conclusion that homosexual marriage is the norm for humans and nature.

[Elizabeth]

He was probably threatened by "No" activists...we need someone strong enough as Attorney General to defend the voters rights.
Send him back to Oakland with a "Recall Moonbeam!"---Kenneth Starr should also name Jerry for "undue influence" and for refusing to uphold the Proposition laws.
Elizabeth, Oakland, CA

[Ping]

As long as Californians vote Democrat, they will be have Democrat judges who will overrule the will of the people, time after time. Wake up, People! You're state is in a mess because of liberal policies. My only hope is that you do not move to Texas!

[BillGates]

The "will" of the majority cannot be used to deprive any minority of their rights.

If this was the case we would still have slavery.

If the will of a minority was allowed guns would be severely restricted or banned.

You right-wingers cannot have it both ways, without being hypocritical.

[Flipflop wont Fly]

He who called Clinton the prince of darkness now wants
to burry democracy in order to legitimize the bastardization of an institution that pre dates democracy itself. The advocates for homosexual mariage appear more and more like the infamous inquisitors of the darkest
period of what the French word describes best..that is
OBSCURANTISME

[Jeff]

I checked the California Constitution. Here is what it reads with respect to marriage:

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Gerry Brown is either an idiot or a liar!

[Equality for humanity.]

Wake up people! Basic, civil liberties are not up for "the popular vote." You self righteous fools just do not get it. How about we vote on the right for you to practice your religion of choice and then take that away from you? Make sense? Tyranny of the majority is the name. Prop 8 will be short lived once and for all in the sunny state of CA!

[Dave M]

Is there no one who can put a stop to this sort of legal and moral chicanery? Captain "Moonbat Sunshine" here is an absolute disgrace to Californians and the American people. "OK, I've got an idea. I'll allow a vote on this AMENDMENT, but first I'll re-word it by calling everyone who votes for it hateful bigots. That way, there's no way it can pass. See how smart I am? I know, I know, I'm a bloody genius!! What?? It passed??? Why, that's UNFAIR and UNCONSTITUTIONAL!!!!!! Screw the will of the people. Well, SCREW YOU CAPTAIN MOONBAT SUNSHINE!

[t]

jerry brown, has shown himself to be a fascist, along with his gay brown-shirted allies who cannot abide the will of the people, but seek to impose their will upon us via the tyranny of the judiciary.

as orwell would say: some votes are more equal than others..

[Geoffrey]

Well, maybe it makes sense because of the merit of the argument, his actual explanation, that the proposition isn't an honest thing to defend. Of course, we should all be used to the glibness that heterosexuals use when discussing gay rights.

[Kathy H.]

What is truly sad is that minority rights were voted on in the first place. Negate prop hate!

[ghh]

--If he really was the pandering populist you want to make him out to be, wouldn't it be more appropriate for him to support proposition 8? I mean, we know that a majority of California's voters supported for that! His change of position took guts!

I'm going to go out on a limb here and say that he has to get the Democratic nomination over others who want to get the same nomination before he can run for gov, and he won't get the nomination unless he does this. His change of position took gutlessness! and a refusal to do his job insofar as doing his job conflicts with his ambitions. Maybe next he'll start sending white powder to Mormon temples, that'll help too.

[Frank Lee]

Jerry Brown should be impeached and removed from office for violating the duties of his office, which are to uphold State Law as enacted by the voice of the people approving Prop 8.

[Vega Girl]

I think Jerry Brown should be applauded for taking this stand for equality for ALL. I just hope that our new president elect follows this courageous leadership.
And for all you that think you're being cheated out of your vote, I beg you, please educate yourselves. You CAN NOT vote to take away fundamental rights. Let me rephrase that, you can try to vote away people's rights, but it will ALWAYS go back to the courts. So who here is really wasting tax money? Just because a slim majority (52%-48%) voted prejudicially doesn't mean they won.....wake up. If that was the case, interracial couples would still not be allowed to wed. In fact, we would still be able to own a slave or two....LMAO. Educate yourself before you start thinking on your own people. Whether you like it or not Gay Marriage will be here someday....so go ahead and keep stalling it, I guess you like paying high taxes, our money has to go somewhere.

[matt]

How can it be unconstitutional when it amends the constitution? Jerry Brown is an enemy of democracy.

[Jack]

"And once again, the far-left wing liberals seek to get what they want via the court system, rather than have to live with what has been democratically agreed to through the voting process."

So you would have been against Brown vs. Board of Education? Don't want 'dem black people going to school with your white children unless the majority approves of it?

Get over yourself, and learn some history. Nearly all of this nation's civil right's victories came as a result of a court ruling. If you're against "judicial activism" now because gays make you feel gross, then at least be consistent and call for a return to Jim Crow laws. Also, hope your employer likes your religion. The reason he can't fire you for not being Church of ..... is also thanks to judicial activism.

Ignorant putz.