Jerry Brown urges court to void Prop. 8 (Moonbeam changes position, reverses earlier stance)

ap on Sac Bee ^ | 12/19/08 | Lisa Leff - ap

[NormsRevenge]

SAN FRANCISCO -- California Attorney General Jerry Brown has changed his position with respect to the state's new same-sex marriage ban and is now urging the state Supreme Court to void Proposition 8.

Brown filed a brief Friday saying the measure, which amended the California Constitution to limit marriage to a man and a woman, is itself unconstitutional because it deprives gay couples of a fundamental right.

[I see my hands]

Tomorrow 3/4 of the Right will be enjoying the game, pleased to provide food and social support to leftist family and friends. Can't stop the Libs until you stop the LibSymps

[Kadanne]

ALL people have the same rights. If marriage is defined in the traditional sense the no one loses rights, especially considering that they never had these rights to begin with. I do not have the right to marry my mother, sister, father or dog.

That is the point, we have gone so far left that traditional COMMON sense no longer applies. Since when does anyone's sexual orientation give them special rights??? It is ludicrous. The only thing it provides is special privilege. Homosexuality is not a minority it is a lifestyle, a choice, it does not fall under any law in the country to be given special consideration. I want freedom from discrimination because I am a hetero and a Christian and my religious beliefs are being trampled on by every gov that won't allow a Christmas tree or Merry Christmas to be displayed on government property. My hetero status is assaulted in the my church when gays are allowed the freedom to interrupt my worship by barging into my church. It is my right to freedom that is being infringed upon, not theirs.

[ilgipper]

the left now feels it is entitled to use thug tactics to get what they want in this country. Opponents (us) need to do one of two things, either get organized to call them on their tactics or step down in the gutter and play with the same tactics.

[Loud Mime]

Whackjobs like Brown think that dope, sodomy and baby killing are fundamental rights.

I'm getting to where I favor post-birth abortions for liberals like Junior Brown.

[annalex]

I will no longer consider the government to be legitimate. What to do with an illegitimate government is, of course, a question to be discussed in private, but we have a proud history in this country to guide us, and an obligation to carry on a fight that was begun by our forefathers.

The moment the government allows abortion or promotes homosexuality, it delegitimizes itself.

[BlueStateBlues]

Maybe his “good friend(s)” talked him into it before they went to sleep. Moon Beam, takes on a new meaning.

[annalex]

So the constitution as amended is unconstitutional??

The legal theory is that Proposition 8 was a rewriting of the CA constitution, rather than amending it, and the process of rewriting is different.

At this point, the legal scholaship keeps saying that it was not a rewriting because it describes and explains the existing constitution as to the meaning of marriage. Jeffrey Toobin of CNN, for example, -- not known for conservatism -- said it is a very long shot to stop Prop 8 with this. But I don't trust them: it could be that they are trying to prevent the religious right from mounting opposition early.

Crooks, all.

[annalex]

An unmarried heterosexual may marry another unmarried willing person of the opposite sex in California.

An unmarried homosexual may marry another unmarried willing person of the opposite sex in California.

The equal protection of the law should not be an issue in this. The courts consists of idiots, and we are idiots for treating them like judges.

[river rat]

These are the very same politicians who wish to serialize ammunition, and to have all hand loaders destroy their unserialized ammunition by 2011....

If they keep up this assault on the integrity of the vote, the constitution, the sanctity of marriage, run deficit budgets due to spending on illegal aliens and continue to push the wrong buttons on citizens - one may think they are attempting a unique technique to “collect” all that nasty unserialized ammunition...ahead of the 2011 timeframe.

CWII no longer seems like such an impossible or radical concept.

[wolfcreek]

“fundamental right to what?”

Pornocate

[Rapscallion]

Actually marriage is not a right. It is a privilege. Age, health, and prior marriage(s) can prevent issuance of a marriage license by the state. Just as you do not have a right to drive, you do not have a right to marry.

[Rapscallion]

California residents need to be gathering en mass to declare their independence the way our forefathers did.

Actually they need to recall / remove a few judges for overstepping.

[anymouse]

Old Gov. “Moonbeam” at it again. ;)

[cmj328]

Rejoinder: Voiding Prop. 8 would disenfranchise Black people.

[freedomwarrior998]

The legal theory is that Proposition 8 was a rewriting of the CA constitution, rather than amending it, and the process of rewriting is different.

Actually, Brown conceded that Prop 8 was an amendment rather than a revision. He is advancing a far more dangerous argument. He is actually suggesting that certain things can NEVER be amended.

[annalex]

Yes, I stand corrected. It is indeed a broad assault on the Constitution itself.

He should be impeached, — he violated his oath of office.

[cmj328]

He is actually suggesting that certain things can NEVER be amended.

He's right about this. No Constitution or any other human law can give a right to sodomy, a right to abortion, or a right to otherwise violate the law of God. Such a law would be a nullity. There are certain things that can never be amended.

Brown's problem is that he is holding sodomy, and worse--societal recognition of sodomy--as the "right" that trumps the Constitution. It is the reverse of the natural order. He wants all things subservient to a sin, whereas all things are subservient to God. If this argument holds up, California will be part of a nation under sin rather than a nation under God.

[HoosierHawk]

The litigation over Proposition 8 is shaping up, Brown said, as a high-stakes conflict between the electorate's right to direct democracy and rights of minorities to equal treatment.

Am I the only one who has a BIG problem with this statement?

[annalex]

That’s true as well: no constitution may trump the natural order.

If Brown framed his argument as an argument from natural order, given that the Constitution allows for amendments, and he already admitted that this is a validly executed amendment, he would have to say that he believes the California constitution is itself in violation of the natural order. Mr. Brown can start making this argument by resigning the office of Attorney General, and proceed as a spiritual leader that he has positioned himself to be.

[Ezekiel]

Yeah, we've been listening to those people for 40 years and look what it's gotten us. Far too many conservatives seem obsessed with a desire for our enemies to "like" us or "approve" of us. It's why our "leaders" get shouted over and ridiculed on TV shows. It's how we allowed the insanity of political correctness to become so entrenched that we're having to fight for the word "Christmas."

I'm sick of it. Liberals will hate our guts no matter what; while we're figuring out how to "reach out," they're calculating a better angle for the knife. We CANNOT get along with liberals because we have diametrically opposed worldviews, and it's time to stop pretending otherwise. This is about the future heart and soul of this nation, and probably its very survival.

Israel in a nutshell...

Yeah, we've been listening to those people for 40 years and look what it's gotten us. Far too many Israelis seem obsessed with a desire for our enemies to "like" us or "approve" of us. It's why our "leaders" get shouted over and ridiculed on TV shows. It's how we allowed the insanity of political correctness to become so entrenched that we're having to fight for the word "Israel."

I'm sick of it. Arabs will hate our guts no matter what; while we're figuring out how to "reach out," they're calculating a better angle for the knife. We CANNOT get along with Muslims because we have diametrically opposed worldviews, and it's time to stop pretending otherwise. This is about the future heart and soul of this nation, and probably its very survival.