Free Republic

December 23, 2008, 4:00 a.m. Gross Dereliction of DutyBy the Editors As attorney general of California, Jerry Brown has a duty to defend the state and its laws in court. That duty requires him to offer the best grounds in defense of any law that may reasonably be defended. In a brief he filed last Friday in the case challenging Proposition 8 — the ballot measure that amended California’s constitution to ban same-sex marriage — Brown grossly violated that duty. On Election Day, California voters approved Proposition 8. Opponents of Proposition 8 then rushed to court to invalidate it...

Attorney General Jerry Brown's legal challenge to California's constitutional ban on same-sex marriage marks the first time that the state's top lawyer has refused to defend a newly enacted ballot measure since 1964 - another epic discrimination case that eventually reached the U.S. Supreme Court. In November 1964, an overwhelming 65 percent majority of the state's voters approved Proposition 14, a constitutional amendment that overturned a fair-housing law and allowed racial discrimination in property sales and rentals.Attorney General Thomas Lynch - newly appointed to succeed Stanley Mosk, a Prop. 14 opponent who had just been named to the state Supreme...

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...

California’s Rush To Judgment on Same Sex Marriage December 20th, 2008 By JERRY REMMERS Only in California can the bizarre become the norm. In a spate of a few hours Friday afternoon, briefs were filed with the state Supreme Court challenging, supporting and extending a ban on same sex marriages. Backers of Proposition 8, the initiative that bans same sex marriage, petitioned to nullify the 18,000 marriages conducted after the high court voted 4-3 approving such nuptials. State Attorney General Jerry Brown countered with a brief indicating he could not support the proposition because “the amendment process cannot be used...

SAN FRANCISCO - California's attorney general has changed his position on the state's new same-sex marriage ban and is now joining forces with homosexual activists to overturn the results of 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...

SAN FRANCISCO — In a sharp rebuke to supporters of a contested state ballot measure that banned same-sex marriage, the California attorney general said Friday that the measure was constitutionally indefensible and should be overturned. The attorney general, Jerry Brown, had previously hinted of his opposition to the measure, Proposition 8, but made his legal opinion concrete on Friday in a brief to the California Supreme Court, which is reviewing the measure. “Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification,” Mr. Brown said in a statement. The attorney...

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.