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Jerry Brown's Prop. 8 Reversal

December 20, 2008 11:10 AM

ABC News' Teddy Davis Reports: California Attorney General Jerry Brown called on the state's Supreme Court on Friday to strike down a recently approved ballot measure which eliminated the state's court recognized right to same-sex marriage.

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

The attorney general's legal brief constitutes a turnaround for Brown. Back in November, the mercurial former governor said that he was planning to defend the voter-approved proposition even though he personally voted against it. The attorney general of California is duty-bound to defend state law as long as there are reasonable grounds for doing so.

But after weeks of consulting with lawyers in his office, Brown, who is considering a run for governor in 2010, changed his mind.

He now believes that all the residents of California enjoy an inalienable right to liberty and privacy that includes a right to marry that cannot be stripped away by majority vote.

While voters are allowed to amend some parts of the state constitution by majority vote, Brown's brief argues that the state constitution's inalienable rights cannot be withdrawn from a class of persons by an initiative amendment.

Proposition 8 oral arguments before the California Supreme Court could begin as early as March. 

December 20, 2008 | Permalink | Share | User Comments (676)

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Haha, he said oral arguments....

Posted by: jimbo | Dec 20, 2008 11:28:21 AM

lmao the california gays just won't accept it
The people spoke dummies, just like the ones that voted for Obama... nitwits

Posted by: ABC-n-the tank for Obama | Dec 20, 2008 11:31:47 AM

What a political hero! What a fool! I certainly know who not to vote for. A public servant should honor the will of the people and not overturn it for political gain. All voters/supporters who voted for Prop 8 should unite and not vote for Jerry Brown!

Posted by: Mihann | Dec 20, 2008 11:34:01 AM

ABC, And if the people spoke and banned a minority from voting, would that be OK dummie? Neo-con nitwit..........

Posted by: JR | Dec 20, 2008 11:53:31 AM

If the majority of citizens got to vote on the abolition of slavery, Brown v. The Board of Education, The Civil Rights Act of 1964 etc. etc. what do you think the outcome would have been?

Leadership sometimes means actually leading, and jurisprudence doesn't mean pandering to organized 'religous' bigot mob rule.

So, good for Jerry Brown...who is showing more b-lls than Obama and lets hope the California Supreme Court does what it is supposed to do, stand for what is right, not for what is popular.

Posted by: Michael ONeal | Dec 20, 2008 11:56:41 AM

The law has been used to deny citizen rights since the beginning of our country. Native Americans, the people we stole the land from, were ethnicly cleansed or killed because they wouldn't give their land peacefully to the European invaders. Blacks were first slaves, and therefore not even considered human, then after they were freed either denied voting rights or lynched because they were black. Mexican Americans, Chinese (during the California gold rush) and Japanese (during WWII) were considered "unAmerican" because they looked different and talked "funny." Now we are trying to do the same to individuals who may not follow religiously accepted sexual gender preferences. It's a shame that some in our great country are so narrow minded that they have to impose their will on others and deny someone their freedom. When one of us isn't free, then none of us are free. Proposition 8 was an insult to all who believe in freedom. (BTW...I am heterosexual and so are all members of my family; however, I do have friends who are gay and lesbian. They have never threatened my marriage or those of my children. For those that feel threatened...is it because they are gay, or because you are not in a good marriage?)

Posted by: algwriter | Dec 20, 2008 12:03:01 PM

liberal moron.....the people's voice does not rule as was the case with illegal immigration, marijuana legalization and now this.........

Posted by: Tom Powers | Dec 20, 2008 12:04:25 PM

I agree that prop 8 is wrong, everyone should have the same rights...everyone! But you put it on the ballot, the people cast their ballots and now you want to tell the voters their votes don't matter. Someone needs to rework the wording, and put it up at the next election, until that time, the voters have spoken.

Posted by: samhiguchi | Dec 20, 2008 12:04:53 PM

I took an amendment to the US Constitution to give blacks the vote. The US Constitution is the document that spells out the inalienable rights. You can't make up a new right without modifying the document. Gay marriage is a new right. It redefines what marriage is and gives rights based on actions, not characteristics. The will of the people should stand. Gays have the right to marry a member of the opposite sex, not whomever they wish. If that were true, Mormans could marry as many spouses as they wish legally. Or a man could marry his sister or mother. You might as well saying being an alcoholic is a right and you can't go to jail for drinking too much. What is the difference?

Posted by: TJB | Dec 20, 2008 12:09:51 PM

Civil rights do not belong on a ballot. Period. Who's rights are next to go?

Posted by: Jeff | Dec 20, 2008 12:10:51 PM

Equating gays wanting to marry with slavery is a ridiculous argument. You have obviously fallen for the gay tactic of making gay marriage an issue equal to slavery. I am against gay marriage, so it their eyes, I automatic "HATE" gays. Another of their tactics, guilt.

Posted by: James | Dec 20, 2008 12:12:24 PM

What is a civil right? It is a right guaranteed in the US constitution. You are using circular logic and it doesn't work. If you want to make up new rights you have to amend the document. It's as simple as that.

Posted by: TJB | Dec 20, 2008 12:13:13 PM

You are right Jeff. Skin color does not equate to behavior. That is why the Willy Horton add was so bad.

Posted by: TJB | Dec 20, 2008 12:14:37 PM

Maybe California or the whole America need the lawmakers to sort out the contradictions between the major votes and civil act and fix it once and for all. It is a waste of moneys on administration for having appeals and overturns on the same issues.

Posted by: Ashley | Dec 20, 2008 12:14:49 PM

Seems like some people need an EDUCATION in constitutional rights. State laws cannot conflict with the Federal Constitution, no matter who votes for it. The fact it is voted on means nothing- it's the substance that counts. Prop 8 violates the 14th Amendment, bottom line.

Posted by: Turd Ferguson | Dec 20, 2008 12:15:26 PM

They can't have it both ways. Either it is behaviour which you can legislate or it is biological. But we don't accept biology for an excuse for alcholism or pedophilia so why should we for homosexuality? They loose the argument either way.

Posted by: TJB | Dec 20, 2008 12:16:27 PM

TJB: Gay marriage is not a new "right". It's clear you don't even know what a "right" is. Pay attention to the equal protection clause of the 14th Amendment and therein lies all you need to know [Section 1]

Posted by: Turd Ferguson | Dec 20, 2008 12:17:25 PM

I agree. Gay marriage is the same as slavery? Of course it is not. And I also agree, the gays try to make anyone against gay marriage into a "gay hater." I am sick and tired of the homosexuals trying to force their deviate behavior on the the rest of society. What rights? They have the same rights as anyone else, except the rest of society, by democratic vote, rejects them trying to make change "marriage" to include them. Any pastor who is against gay marriage is now a "hate-filled" person. Listen to how ridiculous that is. What is every homosexual "filled with"

Posted by: Maurice | Dec 20, 2008 12:17:26 PM

thomas jefferson strongly stated that 'the majority should never be able to vote on the rights of the minority'... hence, the constitutional rights of gays should be equal to those of straights... civil rights is not up for 'votes'... this is great news!

Posted by: earthisnotflat | Dec 20, 2008 12:19:34 PM

The 14th amendment is about equal protection and due process. Homesexuals are free to marry someone of the opposite sex just like heterosexuals. They can not marry whomever they choose, just as heterosexuals can not. What violates the 14th amendment about Prop 8?

Posted by: TJB | Dec 20, 2008 12:20:42 PM

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