Friday, December 19, 2008

I'm Thinking Nobel Peace Prize

California Attorney General Jerry Brown has asked the state Supreme Court to strike down Proposition 8, arguing that the ban on gay marriage is unconstitutional.

Brown, the state's chief law enforcer, said in his filing this afternoon that the proposition "deprives people of the right to marry, an aspect of liberty that the Supreme Court has concluded is guaranteed by the California Constitution."

“Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification," he wrote in responses to challenges filed by gay-right supporters.

Apparently the cities of San Francisco and Los Angeles have filed suits seeking to overturn the ban.

I have always admired Jerry Brown for his unflinching sense of social justice. I am thankful that he remains at the front of California political life.


Anonymous said...

I'm unfamiliar with the process required to bring a proposition to a vote in California,but it would seem that as the state's legal officer, Mr. Brown would have a duty to speak out before a vote if he determines that a proposed measure would not be constitutional.
This belated iteration might leave the impression that Mr. Brown desires to remain in California's political life.

MaryWalkerBaron said...

I think the only people who knew what they were doing were those who created and drove the initiative. Everyone else, the attorney general included, were asleep or at least dozing at the wheel. Certainly if opponents of the proposition had been better organized simply the two cities of Los Angeles and San Francisco could have defeated it.

Anonymous said...

Are you sure it was a failure of organizing the turnout? It seems that it was a stupendous error in allowing this to come to a vote.

MaryWalkerBaron said...

I agree that it never should have come to a vote. The initiative process is a huge blessing and curse in California.
It seems to me that the creators of Proposition 8 were ready to move the minute same sex marriages became legal. They had been ready for some time. Those finally able to marry were not as quick to organize. And thus the initiative got on the ballot while at least 10% of the California population planned weddings and celebrated. That's not to diminish the good work of organizations such as LAMBDA Legal Defense but those finally able to marry just weren't as well organized as those fueled by hatred.

Anonymous said...

Respectfully, I think that you're wrong if you think that the bulk of the electorate are motivated by hatred on this. The haters are there, but other factors should be acknowledged.
Even if the courts reverse this,as I expect, it still is necessary to change the minds that are capable of change.
Bon chance.

MaryWalkerBaron said...

I appreciate the conversation and the respectful disagreement. I'm sure hatred is not the only fuel. Sometimes the urge to jump on a bandwagon is pretty strong and, yes, there are plenty of people motivated by what they believe to be the greater good. Change is a fragile thing. Thanks for participating.

Marnie said...

Good for Jerry Brown - I've always admired his morales.