Monday, December 22, 2008

CA Attorney General to Court: Overturn Prop 8

The California attorney general recently changed his position on the state's new same-sex marriage ban and is now urging the state Supreme Court, which is hearing lawsuits brought forth against the ban, to void Proposition 8. The story appears today via The Associated Press.

Attorney General Jerry Brown filed a legal brief saying the measure that amended the California Constitution to limit marriage to a man and a woman is itself unconstitutional because it deprives a minority group of a fundamental right. Earlier, Brown had said he would defend the ballot measure against legal challenges from gay marriage supporters.

But Brown said he reached a different conclusion "upon further reflection and a deeper probing into all the aspects of our Constitution.

"It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative," he said in an interview Friday night. "Based on my duty to defend the law and the entire Constitution, I concluded the court should protect the right to marry even in the face of the 52 percent vote."

This is major step in the right direction of hopefully restoring marriage equality to the Golden State. Brown's point is clear: even the tyranny of a majority vote (albeit by a slim margin) can not undo the rights of any minority to life, liberty and the pursuit of happiness.

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