Atty. Gen. Jerry Brown's reversal on Proposition 8 -- he now is asking the California Supreme Court to reject it -- is the talk of the blog world today. Of course, the pro-gay-marriage forces are happy. But there is a lot of debate about whether Brown's rejection of the voters' will on gay marriage can fly. Jonathan Turley writes:
Brown's position between the earlier and current litigation seems hopelessly conflicted. It would have been more consistent if he refused to defend either the earlier law or current law. Yet, there is the problem of lawyers defending a law that they consider to be unconstitutional. Brown can argue that, once the Court recognize the constitutional right of same-sex couples in the Constitution, it became a problem to have it set aside by popular vote. The earlier law was the result of legislative consensus while this is the product of popular vote. Yet, there status as "law" is the same for the purposes of the Attorney General's office.
Red County, California sees a political motive in Brown's stance:
Jerry Brown, as the California State Attorney General, said that he would defend Proposition 8 if it passed. He is now asking those same black-robed dictators to declare Proposition 8 unconstitutional. Heck of a democratic state we live in, when an attorney general with an eye on the next gubernatorial race will pander to an activist voting bloc to thwart the democratic process dutifully followed by a majority of citizens to express their will multiple times and in multiple ways.
"Jerry Brown's reverse on gay marriage ban: Is it a game-changer?,"
Written by Shelby Grad, L.A. Now | Los Angeles Times Blogs,
Posted on December 20, 2008 at 10:00AM.
Retrieved on December 22, 2008 at 5:06PM.
Jerry Brown's abrupt, (not so) surprising reversal of his position on Marriage Equality may seem like a slap in the face to a few (or more) Proposition 8 supporters, those who have watched the State Attorney General "thwart the democratic process dutifully followed by a majority of citizens to express there will multiple times and in multiple ways" (Red County, California, see article). But to us, the GLBT & Queer multitudes in California, this blatant, bold bouleversement of majority rule is matter of fact a blessing!
Television political news commentators on all major stations explained very pointedly, as soon as the first pro-equality lawsuits were filed post-Proposition 8, that the only reason why GLBT Marriage Equality advocates were challenging the constitutionality of the Amendment only after both camps in the controversy had shelled out over $35 million each is because they were required by law to wait until the Amendment had been passed by Popular Vote before declaring it unconstitutional.
This is not breaking news! No one on either side of the conundrum should be surprised by Atty. Gen. Brown's shit in agenda and argument. He is merely reiterating (and likewise, advocating for) that for which the GLBT political pundits and parties in the suits have begun again to battle.
Jerry Brown's reversal on Marriage Equality and on the constitutionality of the Same-Sex Marriage Ban is ultimately important because of the gentleman's political influence and stature. He's the one we really need in Government to say "No on Prop 8 | Equality For All!" in his position as the highest official of law in the State of California, so that change can be affected from the top down, from the Judiciary.
With his support (and both Marriage Equality advocates & opponents alike are blatantly aware of this), the California GLBT Community is ever so much closer to winning equal rights under the law—as if those rights have to be fought for in the first place, instead of being immanently & immediately granted to all persons without reprieve or contest and regardless of race, ethnicity, age, gender, class or sexual orientation.
God Bless Atty. Gen. Jerry Brown! He may not be a stickler for sticking to his guns, but we Queer Folk love him all the same for swaying a little our way in his stance on things. This choice by Brown to argue the unconstitutionality of a Same-Sex Marriage Ban is a momentous leap in the right direction for all God-fearing, committed, loving GLBT couples & families.
That's the truth! And if you can't handle the truth, then tough tittles! We're gonna win this battle and defeat, once and for all, all anti-Gay Marriage rhetoric. That's the plumb, honest truth! Get used to it! All you ninnies with your fingers pressed tight against the escape button for an easy way out (and in the wrong direction) better beware.
California should not be the third or fourth state of the Union to legalize Gay-Marriage; she should have been the first! For all that California stands for! For its reputation as a trend-setting, stalwart advocate for diversity & equality! For its bold, brave, brazen, ne and oft controversial ideas & values!
California Queers UNITE! And support Attorney General Jerry Brown in his new endeavor to see the courts defeat the anti-Gay Marriage Amendment by showing your gratitude with generous involvement and tokens of appreciation. Write him a letter! Send him an emal! We should all tell him: "Thank You! A Million Times, Thank You!"
— Matt(e)o | QHereKidSF, 29yo (San Francisco, CA)
Rock on "cwmaxson - December 20, 2008 at 11:08AM" with your comments on the L.A. Now | Los Angeles Times Blogs posting! You're right on in pointing out that "the judiciary was not set up to carry out the whims of the Majority, but to defend the rights of the Minority." Brown's argument IS valid! Cheers!
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