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

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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.

[Jonel of Mass.]

Good People MERRY CHRISTMAS !!!!!! I wish the vote will be honored and a understanding of what marrage is . Being a homosexual is GODS form of natural birth control and applies to humans as well .Marrage is between a man and women as this carries on our spieces . Religion honors this behavior because its the way of mankind .Two men hanging out of each others ass like tapeworms is not marrage !!!!!!!!!!!

[Gerry Shuller]

Impeach the Moonbeam!

[Michael]

John: The democratic process elected George Wallace. The democratic process sent Japanese to camps. The democratic process supported an independent south rather than the end of slavery. All of our worst moments were the result of the democratic process. We in this country have two key principles though: majority rule and minority rights. We do not have mob rule. If we did have mob rule I'm sure as an atheist I would be jailed in many states. I'm equally sure we'd still have segregated lunch counters in the south rather than a black President. That fight was won in the courts too, by "activist judges". In fact that's when terms like "activist judges" and "strict constructionists" started. "Strict constructionists" didn't believe in such overturnings of the will of people as Brown vs. the Board of Education. Thank God for the courts, to keep us free.

[Mike]

Article I section 1 of the California constitution: "All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."

Article I section 2 reads:
“And these rights may be abridged by a 50% + 1 majority.”

[Jeff]

The Bill of Rights is there to protect minorities against the whims of the majority, and is not subject to popular vote! We live in a constitutional; republic, not a pure democracy where mob rule is always a dangerous possibility.

What if the majority passed a proposition saying that blacks could no longer vote? It would be struck down in the courts, and rightfully so, just as Prop. 8 will be.

The people who voted for this proposition did so mainly on religious grounds, under the delusion that we are governed by the rules of one particular faction of one particular religion - and that is not true either. I refer you to the very First Amendment!

[Aman]

Brown's actions are problematic. This could be a major blunder for him and same sex supporters. Legal ethics and duties come into question. It opens the door for an attack on him which could be successful. His filp-flopping on the issue is going to weaken his position. This will be likely seized upon by Kenneth Starr.

Something to think about: Would the California Supreme Court allow the state to have no representation in a direct challenge to a state constitutional amendment?

Also, the argument for the same sex "right" to marry is tricky, because now the state constitution has a definition of marriage. As a part of the state constitution, it's weight is the same as all of the other parts of the constitution. The court cannot quickly discount that.

[George]

Jerry Brown is a TRAITOR TO DEMOCRACY.

[Whitehall]

Brown's political calculations go like this.

He'll please the "squeaky wheel" now - the gay activists - and the general pro-Prop 8 voter will forget come the primary and general elections. He'll need the $$$ contributions and the activism early on to get the nomination.

The state is still burdened by the policies he implemented during his term as governor. Yes, in a democracy, we the people get the government we deserve.

[Ralph Georgi]

Jerry,the voter's have spoken...twice.Please do your job as an elected official...no more or no less. Why are you reversing what is right ?. I voted for you, please do the right thing...your job. Thank you, Ralph

[Mike Hicks]

Governor "Moon Beam". Is he still around? Does anyone take him seriously? Why would anything he said, or did be news? He would fit right in with the comedy team of Barney Fwank; Obama's neighborhood pals; Ossie Osborn. Politics at it's finest!

[Chris]

Sad? SAD???

What is sad is the majority thinking they have ANY say in a minorities rights.

You wanna talk SAD, folks?????????????

[Birch]

When I read comments like the following in messages:
"the will of the majority of Californians"; " think they know better than the majority" ;" far-left wing liberals seek to get what they want via the court system" it saddens me because I realize these folks DON'T EVEN KNOW HOW OUR GOVERNMENT WORKS. This country has NEVER been a 'simple-majority" rules AND the reason we even have a judicial branch is to "interpret the constitutionality" of the laws enacted. Do you get it? The Justices ARE doing their job. That's why we have a "balance of power" in the government. We would have NO civil rights for any one but white males if that was the way our government worked. Did any of you take high school civics??!!

[whiskey]

More pandering by Jerry Brown to the hard left whackos and gays in California. Reality check: Prop 8 passed by virtue of Mexican-origin/background voters. Who are only going to get more dominant in California.

While it's true that Mexican origin voters will want some fairly socialistic economic policies, and overt discrimination against Whites, Asians, and Blacks (as in Mexico) in favor of them (the same old Machine/Tammany Hall politics), they are NOT the Liberal White Yuppies Brown has spent a career pandering to. Mexican origin voters will heartily endorse dog-fighting, cock-fighting, bull-fighting, pretty much any type of animal abuse, and will have extremely negative attitudes towards Gays in general as they do in Mexico. Nor are Mexican origin voters here or in Mexico big on women's rights, or saving the environment, or green stuff.

Brown (and his Liberal White Yuppies) are a sign of the past, the future is Mexico City, with overt discrimination against anyone who is not ethnically Mexican. This is not "evil" just the natural outcome of ethnic politics and the rapidly dominant Mexican-origin majority in California.

Demography is destiny.

[Cornering the LGBT,atheist and lib vote]

Way to go Jerry baby ! Can anyone loose in California
when supported by all the libs,atheists and LGBT voters?
Acorn and moove on org are sure to jump on this band
wagon.The beamer will undo the terminator.Go for it!!!!

[Gay mariage is lawfull *]

*A lesbian woman and a homosexual man have the right
to marry.Car bateries with both poles negative and same
sex mariage are both non-starters and the law of gravity
will change only when the planet starts rotating in the
opposite direction and when that occurs is when we
ought to postpone the resumption of this debate.
CQFD...gays have the right to marry another gay person
of the opposite sex and sex change operations is one
avenue to explore after marriage.How slavery got in this
debate beats the hell out of me.

[RedHeels]

I guess, AG Jerry Brown, like Most white males decide to show their TRUE colors and come "OUT" later in life! HA.

[Roberta Ann]

To :Gay marriage is lawfull*
Simple solutions are always best and often come from
altruistic persons such as you.Thanks to a benign and
readily available surgical procedure,we can now moove
on to more pressing problems.Let this be a lesson to our
sleazy politicians and activist judges .

[Telescopic malfunction]

Lunatic Jerry Brown,an avid sky gazer claimed in an
impromptu press conference last week that he had seen
a cow jump over the moon through his $500,000 scope
given to him by the LGBT and that a milking stool was
following closely behind as a result of the maelstrom
produced by the cow's mass .
Today,a private clinic has disclosed that Brown has been
diagnosed with mad cow disease and is highly contagious. other than Darryl Cummings,no visitors have
shown up .

[King Solomon's reincarnate]

*Gay marriage is lawfull
Congratulations for your sound judgement.You are 100%
right -Gays and lesbians enjoy the very same right to
marry as us heteros.And, as you so intellegently sugest
one partner may get a sex change if they so desire.
You can bet your tuckus that the LGBT will insist that
sex change costs be deductible,but I guess that will be
the object of another proposition or debate.Again thank
you for showing us the way out of the current dilema.We
can now come together as Americans to tackle our
economic challenges.Best wishes of happiness to all
gay and hetero future couples. That the solution had to
come from a hetero however, demonstrates just how inept LGBT leadership has prooven itself. Here is one
more example of American ingenuity solving a problem
for the whole of humanity.Talk about a win win situation.

[Flex]

The power-hungry whore christian bigots are upset about this new development. When anybody challenges their cause they attempt to throw them out of office. Is this religion, or a cult? If prop 8 remains valid, I will support a measure to ban Southern Baptist marriage in California. It would be an appropriate way to show respect to an entire class of people, the same way that they have treated others.

[Monkey Man]

O.k.

Please realize this comment is coming from someone in Illinois, but how much do you think the good ole' attorney general was paid before he decided to change his mind?

[Honeymoon in Tehran]

The times is reporting that Madof gave close to 1 million ,
mostly to democrats,like 90% to guys like sen Schumer and other dem senators.Would he also have
contributed to the pro gay marriage campaign ?democrats
embezellers,atheists and LGBT.....what a coalition

[Non theistic Brown noser]

Hey Scotty, beam this guy to Pluto !

[Do not pass go-do not collect $200.]

Ex gov. moonbeam has just demonstrated what a filthy
rat he truly is. The idiot thought prop. 8 would go down in
flames and that he could come out smelling roses by
invoking his AG duty,and say that his heart was always
on the side of heretics.Does anybody believe this clown?

[AG with the B on his bonnet]

This guy is the metastase of California politics. Needs to
let his eyebrows grow and comb them backwards.