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Brown Asks Court to Overturn Prop. 8

Calif. AG argues popular vote should not void personal liberties

By Rob Quinn,  Newser Staff

Posted Dec 20, 2008 4:15 AM CST

(Newser) – California’s attorney general has reversed position and asked the state’s supreme court to void the ban on gay marriage enacted by voters in November, the San Francisco Chronicle reports. Jerry Brown said in a filing yesterday that Proposition 8 is "inconsistent with the guarantees of individual liberty" in the state's charter, and that such guarantees should not be nullified by popular vote.

Brown, who had initially indicated he would support the ban before the California Supreme Court, said he has reviewed earlier rulings and decided he could not defend the initiative. Former Whitewater prosecutor Kenneth Starr, lead counsel for supporters of Proposition 8, filed a motion yesterday calling for the 18,000 same-sex marriages performed in California before the election to be invalidated.

Attorney General Jerry Brown discusses how his office will handle the passage of Proposition 8 during a news conference in Sacramento, Calif., Wednesday, Nov. 5, 2008.
Attorney General Jerry Brown discusses how his office will handle the passage of Proposition 8 during a news conference in Sacramento, Calif., Wednesday, Nov. 5, 2008.   (AP Photo/Rich Pedroncelli)
California Attorney General Jerry Brown has asked the state's supreme court to strike down a ban on gay marriage.
California Attorney General Jerry Brown has asked the state's supreme court to strike down a ban on gay marriage.   (AP Photo/Jakub Mosur)
Ryan Kerian listens to a group of speakers during a rally against Proposition 8 in San Francisco, Friday, Dec. 19, 2008.
Ryan Kerian listens to a group of speakers during a rally against Proposition 8 in San Francisco, Friday, Dec. 19, 2008.   (AP Photo/Marcio Jose Sanchez)
Demonstrators turn out for marriage equality at Los Angeles City Hall as part of a National Day of Action on Nov. 15, 2008.
Demonstrators turn out for marriage equality at Los Angeles City Hall as part of a "National Day of Action" on Nov. 15, 2008.   (AP Photo/Gus Ruelas, File)
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Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification. - California Attorney General Jerry Brown

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COMMENTS
Showing 3 of 5 comments
justme
Dec 21, 2008 6:28 AM CST
BASIC QUESTION: When did the right to marry become an individual liberty? SECOND QUESTION: What do we do about minors, bigamists, pedophiles and others who may also have alternate views (being polite here) about what constitutes a relationship that should be sanctioned by the state?
Zebraone
Dec 20, 2008 3:31 AM CST
Leave it to the queerest state in the union to screw over the voters again! `````Somebody should bend the AG over a car hood and tickle his backsides!````` Just my opinion~
Guest
Dec 20, 2008 2:32 AM CST
It is a sad day when individual liberties are decided by the popular vote.

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Calif. Gay-Marriage Ruling Comes Next Week

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