Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-51 next last
To: Publius804

This is very good. This sets the stage up for a special election to throw out those CA SC judges. This is worth watching. People are already pissed off about other things.


21 posted on 12/20/2008 8:12:03 AM PST by BobS
[ Post Reply | Private Reply | To 1 | View Replies]

To: Publius804

Jerry Brown is the biggest bafoon in the state. The voters don’t count to him......unless he is running for office.


22 posted on 12/20/2008 8:20:14 AM PST by RC2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Publius804
Of course, gays have a right to marry. Just about every man labeled "gay" by Gay History buffs --- Michelangelo, Shakespeare, and even the flaming Oscar Wilde --- were married, and invariably to women. Similarly, through the centruries, most woman-interested-women were married to men.

Every adult in CA and in the whole USA has an equal right to marry another person who is eligible to be married to them.

Eligible means a member of the same species, having reached the age of majority, capable of consent (not mentally incapacitated), free to choose (not under threat or coercion), capable of coition (an act of sexual intercourse), not already married to another person, not a direct blood relation (or whatever the prevailing definition of consanguinity and incest may be), and not of the same sex.

If, per Jerry Brown, the California Constitution requires everyone to free to marry anyone, then there is no reason to uphold any of those criteria. Not species, nor age, nor capacity, nor consent, nor number of spouses, nor consanguinity, nor ability to consummate a marriage act, nor monogamy, nor anything else.

It effectively degrades marriage via de-definition, just as effectively as you can de-define a crystal goblet by making it illegal to distinguish it in anyw ay from waxed cardboard, aluminum, or plastic.

23 posted on 12/20/2008 8:22:30 AM PST by Mrs. Don-o ("Every system is perfectly designed to get the results it gets." - Isaac Asimov)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mrs. Don-o
Michelangelo was never married. Shakespeare and Oscar Wilde were.

Jerry Brown did his best earlier to defeat Prop. 8 by changing the wording of the proposition on the ballot (at least the heading) to try to make it sound unreasonable. Probably it would have won a higher majority of votes with the original heading.

24 posted on 12/20/2008 8:30:05 AM PST by Verginius Rufus
[ Post Reply | Private Reply | To 23 | View Replies]

To: Getready
orgyist??

When and where are the services?

25 posted on 12/20/2008 8:35:26 AM PST by nufsed
[ Post Reply | Private Reply | To 10 | View Replies]

To: Mrs. Don-o
Marriage is a contract between people who can engage in a contract. One reason why we don't let children marry.

Could you explain why you think marrying animals would be allowed and how the animal would enter into an accpeptable contract?

26 posted on 12/20/2008 8:37:55 AM PST by nufsed
[ Post Reply | Private Reply | To 23 | View Replies]

To: SECURE AMERICA
With a Socialist to soon occupy the Whitehouse this type of governing will increase..
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

We must use the words that fit: Communist and Marxist.

Scratch a liberal and under his thin skin is a socialist. Dig a little deeper and you will soon find the Marxist nuclear fuel rod that drives everything he says and does.

27 posted on 12/20/2008 8:38:52 AM PST by wintertime
[ Post Reply | Private Reply | To 16 | View Replies]

To: EggsAckley
This is like explaining it was flavorade at Jonestown not koolaid.

Brown became know as moonbean because it was said he was the only governor at the time with his own space program. Brown had proposed that the state put up a communication satellite for emergencies and a statewide communication network. He was laughed at by ignorant idiots. Soon after Dukemejian came in and what did he do, put up a satellite. Of course, Duke is not looked at as crazy, just thoughful.

28 posted on 12/20/2008 8:42:36 AM PST by nufsed
[ Post Reply | Private Reply | To 4 | View Replies]

To: Publius804

Hey California, you keep a turd like Jerry Brown around as long as you have, you deserve what ya get.
He is the perfect politician to represent you in fruitcake land.
The people voted. They decided they didn’t want to accept the homosexual agenda. Well the fools don’t know what they are doing so get the courts to throw out the will of the people.
When are some of these fools going to get lynched?


29 posted on 12/20/2008 8:42:51 AM PST by Joe Boucher (An enemy of Islam)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Publius804

Leftist politicians do not represent or work on behalf of “the people.” They work only for the advancement of the leftist agenda and the destruction of free enterprise and our constitutional republic. This obvious flaunting of the clearly expressed will of the voters is ludicrous. Brown should be immediately removed by the governor, or the Cal state legislature. Naturally that’ll happen as soon as I win the Masters. The left continues to run this nation like dictators. Sooner or later the people will have to begin the second American revolution, or lose their rights forever.


30 posted on 12/20/2008 8:45:07 AM PST by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
[ Post Reply | Private Reply | To 1 | View Replies]

Jerry Brown is a weasel. Tell us Jer, why should we vote in the first place? The People voted on prop 8 and it won. That's called a winning vote from the will of the People.

What do you not understand about that, Jer?

31 posted on 12/20/2008 8:53:18 AM PST by NoRedTape
[ Post Reply | Private Reply | To 30 | View Replies]

To: Publius804

How can a constitutional amendment be unconstitutional?


32 posted on 12/20/2008 8:54:24 AM PST by Non-Sequitur
[ Post Reply | Private Reply | To 1 | View Replies]

To: Non-Sequitur
From another thread....This “victory” eventually is going to be overturned by the state SC. And, the Prop 8 supporters will go down with but a whimper in the end. The left never gives in to its opposition.

This is how the last one ended. So now it's up to the PEOPLE. If the people don't take up the cause no one will and they will fulfill their agenda in the end. They don't give up so we can't either.

33 posted on 12/20/2008 9:24:46 AM PST by BigFinn (isa 32:8 But the liberal deviseth liberal things; and by liberal things shall he stand.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Publius804

I could be wrong however I thought brown had a roll in the final wording of the prop put on the ballot.


34 posted on 12/20/2008 9:27:09 AM PST by paul51 (11 September 2001 - Never forget)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yazoo
How about marrying your computer and claiming it as a dependent? Tell the IRS that. That fart won't blow over very well.

Let this CA thing go the way I think it will. There will likely be a special election for SC judges. The blacks, south americans, and us whites are not in a particulary good mood now. And when gays started assaulting people going to church, that hammer came down real hard from everybody. How about tolerance for people that read scripture and try to understand it in the place and time?

When the Romans invented the indoor swimming pool in Bath, England, John the Baptist jumped in for a swim. It's still the same. The cops would't let me and my buddy jump in.

35 posted on 12/20/2008 9:31:25 AM PST by BobS
[ Post Reply | Private Reply | To 18 | View Replies]

To: Publius804

Is there any reason for there not to be a recall effort of this leftist freak if such recall is possible with an attorney general?


36 posted on 12/20/2008 9:44:46 AM PST by Ol' Sparky (Liberal Republicans are the greater of two evils)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nufsed
Marriage is a contract between people who can engage in a contract.

Wrong. Marriage is a union between a man and a woman made by God Almighty.
37 posted on 12/20/2008 9:50:55 AM PST by advance_copy (Stand for life or nothing at all)
[ Post Reply | Private Reply | To 26 | View Replies]

To: advance_copy

Wrong


38 posted on 12/20/2008 9:53:45 AM PST by nufsed
[ Post Reply | Private Reply | To 37 | View Replies]

To: advance_copy

Let’s have a little context here. We are talking about government recognition of marriage. Some one comes along and says that people will want to marry animals. I point out how stupid that is. I assume you agree with me that that is ridiculous.


39 posted on 12/20/2008 9:55:41 AM PST by nufsed
[ Post Reply | Private Reply | To 37 | View Replies]

To: advance_copy

You may not realize it, but there is marriage of people who don’t hold your religious beliefs.


40 posted on 12/20/2008 9:58:48 AM PST by nufsed
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-51 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson