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Tuesday, December 23, 2008

Info Post
Jerry Brown, California's current Attorney General (and former Governor) weighed in on the Prop 8 debate with a 111 page legal filing to the state's Supreme Court arguing to overturn Prop 8. I note some interesting things about this whole news story.

When Prop 8 passed in California, Brown at first declared that he would defend it, as he is supposed to do. Brown then changed his position and filed a report asking the state Supreme Court to overturn the proposition. His decision, based in part on his personal beliefs about gay rights also seems based in his desire for reelection. His reversal contradicts the office of the Attorney General, who has the duty to ensure that "the laws of the state are uniformly and adequately enforced" (California Constitution, Article V, Section 13.)

As Andrew Pugno, an attorney for the team defending Prop 8 puts it, "We are disappointed to see the attorney general refuse to defend the will of the voters as the law instructs him to do."

Also problematic is the legal filing itself, which apparently shoots down "a more technical legal argument used by gay marriage supporters. Brown said attorneys challenging the measure had 'failed' to prove their point that the ballot measure offers such a major revision to the state Constitution that it cannot be enacted by a voter-approved initiative alone." (LA Times, see link below.)

So California Attorney General Jerry Brown has not only refused to adequately enforce the law, has not only asked the California Supreme Court to overturn the people's vote, but he has also shot himself in the foot by providing a legal defense for Proposition 8.

Way to go Jerry!


Jerry Brown's Proposition 8 stance faults legal arguments of gay marriage backers

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