California Attorney General Jerry Brown has had a dramatic change of mind. Although he originally said that he would defend Proposition 8, Brown now recognizes that basic liberties, including the right to marry, are guaranteed by the California Constitution.
In the battle between the tyranny of the majority and the rights of minorities to equal treatment under the law, the California Attorney General is coming down on the side of equal treatment. In Brown's view, the California Constitution does not permit putting "a group's right to enjoy liberty to a popular vote."
Would that the rest of the country enjoyed such an enlightened constitution [snark].
SAN FRANCISCO -- California Attorney General Jerry Brown changed course on the state's new same-sex marriage ban Friday and urged the state Supreme Court to void Proposition 8.
In a dramatic reversal, 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."
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via memeorandum
Jerry Brown Equality Politics Gender Gay Prop 8 Lesbian News Gay Marriage California
