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Calif. AG Urges Court to Void Gay Marriage Ban
www.newsmax.com ^ | December 19, 2008 | Associated Press

Posted on 12/20/2008 7:29:33 AM PST by Publius804

Calif. AG Urges Court to Void Gay Marriage Ban

SAN FRANCISCO – The California attorney general has changed his position on the state's new same-sex marriage ban and is now urging the state Supreme Court to void Proposition 8.

In a dramatic reversal, 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."

Brown, who served as governor from 1975 to 1983, is considering seeking the office again in 2010. After California voters passed Proposition 8 on Nov. 4, Brown said he personally voted against it but would fight to uphold it as the state's top lawyer.

He submitted his brief in one of the three legal challenges to Proposition 8 brought by same-sex marriage supporters. The measure, a constitutional amendment that passed with 52 percent of the vote, overruled the state Supreme Court decision last spring that briefly legalized gay marriage in the nation's most populous state.

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections; US: California
KEYWORDS: 2008election; attygenjerrybrown; california; gaymarriage; gaystapo; homosexualagenda; jerrybrown; lavendermafia; moonbeam; moralabsolutes; moralrelativism; newsmax; prop8; proposition8; queerlybeloved; religiousfreedom; traditionalmarriage; traditionalvalues
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1 posted on 12/20/2008 7:29:33 AM PST by Publius804
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To: Publius804

Way to represent We The People, you bought and pandering POS


2 posted on 12/20/2008 7:31:36 AM PST by A_Former_Democrat
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To: Publius804; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of interest.

Obama Says A Baby Is A Punishment

Obama: “If they make a mistake, I don’t want them punished with a baby.”

3 posted on 12/20/2008 7:32:46 AM PST by narses (http://www.theobamadisaster.com/)
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To: Publius804

Ahhh.......little governor MoonBeam’s at it again. He’s always so cute.


4 posted on 12/20/2008 7:33:39 AM PST by EggsAckley
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To: Publius804

So the California Constitution is unconstitutional. i guess you have to be a lawyer to understand that.


5 posted on 12/20/2008 7:34:13 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Publius804
Yeah, screw The People! The Constitution is unconstitutional! Let's just socially engineer from the bench! It's the Amerikan way!

Left Coast moonbats. When the Big One finally hits, I'm getting in my truck and blockading every last cent of aid leaving my state.


6 posted on 12/20/2008 7:36:32 AM PST by Viking2002 (Let's be proactive and start the impeachment NOW.)
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To: Publius804

The totally useless and damaging liberal state government of Taxifornia continues its pathetic excuse for “government”. Pandering to queers — while the state continues to sink in tens of BILLIONS of dollars of projected debt. The people of Taxifornia have already expressed THEIR WILL in TWO votes about queer marriage, they don’t want it, but these useless fools liberal fools keep doing what they do best — flaunting the will of the people and BREAKING LAWS.....to say nothing of spending money they do not have.


7 posted on 12/20/2008 7:37:10 AM PST by EagleUSA
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To: Publius804

The vote of the people doesn’t mean anything anymore.

Nor do votes by Congress, which turned down GM and Chrysler only to be reversed by President Bush’s executive edict to waste another $17.4 billion of our tax dollars (or run up the national debt - same thing).

We have taxation without representation.


8 posted on 12/20/2008 7:37:56 AM PST by pleikumud
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To: Publius804
Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative...

They have the right to marry, no one is denying them that right. It just has to be a person of the opposite sex.

9 posted on 12/20/2008 7:38:57 AM PST by HondaCRF450
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To: Publius804

Yeah, but what about the minority rights of bigamists,
orgyists, guys who want to marry their brothers, sisters,
mothers, fathers, grandfathers, turtle?

...but people will do what people will do, and they will bear outcomes of their
behaviour. There is a sense of pity for their plight,
but it’s a very sad case of “look, we told ya’ so, and we don’t
know how to solve your new problems”


10 posted on 12/20/2008 7:41:24 AM PST by Getready (Wisdom is more valuable than gold and diamonds, and harder to find.)
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To: Publius804

Wait a sec, I thought the job of the AG was to enforce the constitution of California? Prop 8 is now part of the constitution.


11 posted on 12/20/2008 7:43:35 AM PST by St. Louis Conservative
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To: Publius804

“But Brown said he reached a different conclusion “upon further reflection and a deeper probing...”

Talk about a deep probing...we get it again...


12 posted on 12/20/2008 7:45:53 AM PST by jessduntno (Barack - Kenyan for "High Wind, Big Thunder, No Rain")
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To: Publius804
Pure tyranny
13 posted on 12/20/2008 7:46:05 AM PST by Las Vegas Ron (The tree of liberty is getting mighty dry)
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To: Publius804
The California attorney general has changed his position on the state's new same-sex marriage ban and is now urging the state Supreme Court to void Proposition 8.

It is the state constitution as amended they are being asked to void, not the "new same-sex marriage ban" or " proposition 8".

14 posted on 12/20/2008 7:48:13 AM PST by oldbrowser (Break up the federal government.)
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To: Publius804

Has a state AG ever been recalled. I think there is enough here to start that process if possible.


15 posted on 12/20/2008 7:55:42 AM PST by drypowder
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To: Publius804

Standard tactic of the anti-American socialist. They will use our system, writing legislation and having the citizne vote on it if the issue is paert of their agenda. If however legislation is written andf voted into law that does not fit their agenda then they use the court system to try and overturn the will of the people.
With a Socialist to soon occupy the Whitehouse this type of governing will increase..


16 posted on 12/20/2008 7:57:28 AM PST by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: St. Louis Conservative

Don’t bring up minor details.


17 posted on 12/20/2008 8:02:28 AM PST by mefistofelerevised
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To: Publius804

“Article 1 provision guaranteeing basic liberty, which includes the right to marry”

So, if marriage is a basic right regardless of who does it, then I can marry my mother, my father, my dog, my cat, even the tree out in my back yard.


18 posted on 12/20/2008 8:09:29 AM PST by yazoo
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To: Publius804

Brown ought to go back to law school. How can an amendment to the Constitution be unconstitutional?


19 posted on 12/20/2008 8:09:54 AM PST by Brilliant (wp)
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To: jessduntno

“upon further reflection and a deeper probing...”

In other words, he does it in front of a mirror.


20 posted on 12/20/2008 8:11:01 AM PST by Brilliant (wp)
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