[AuH2ORepublican]

“Brown told the court in a filing that he doesn’t think that Proposition 8 is a constitutional revision or that it violates the constitutional separate of powers. But he said he believes it is unconstitutional because it violates the inalienable right to liberty.”

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Let’s see, the only theory under which a California constitutional amendment could be “unconstitutional” under the state constitution is if it was not adopted correctly (such as if it was a “revision” requiring legislative supermajorities for its proposal instead of a plain-vanilla amendment that could be proposed by citizen initiative), and the only way that Prop 8 could be deemed not to have been adopted correctly is if it were deemed to be a constitutional “revision,” and Jerry Brown admits that Prop 8 is *not* a constitutional “revision,” but he still argues-—in a legal forum!-—that this amendment to the California constitution that he admits was validly adopted is somehow unconstitutional? This guy must have done WAY too much drugs in the 60s and 70s.

If a script writer came up with this scenario, nobody would think his movie would be even remotely plausible.

[ScottinVA]

““Brown told the court in a filing that he doesn’t think that Proposition 8 is a constitutional revision or that it violates the constitutional separate of powers. But he said he believes it is unconstitutional because it violates the inalienable right to liberty.”

So, Moonbeam is inviting...no, PLEADING for the judges to engage once again in judicial activism in order to overrule the will of the people.

[Conservativism]

Well, there is a separate line of argument which suggests that this is unconstitutional under the 14th amendment of the US Constitution. I believe the overturn prop-8 supporters have been reluctant to champion this too much, because it will get reviewed by S.Ct., and there is no telling which way the court will swing. I’m guessing that’s the position Brown is taking here.

[Impy]

Absurd challenge but it’s not the drugs, he just doesn’t care about the law.

He wants to be the champion of gay rights.