Prop 8: Bring in the California Supremes

Attorney General Jerry Brown urged the state Supreme Court today to decide the constitutionality of Proposition 8, increasing the likelihood of a showdown before California’s top court over the voter-approved ban on same-sex marriage.

Brown – who would defend Prop. 8 before the court as the state government’s top lawyer – said in a filing today that the justices should accept for review the four lawsuits that have challenged the Nov. 4 ballot measure.

All four lawsuits argue that Prop. 8, a state constitutional amendment, violates other provisions of California’s Constitution by taking rights away from a historically persecuted minority group and stripping judges of their power to protect that group.

“The profound importance of the issues raised by Proposition 8 warrants that this matter be reviewed and promptly resolved by the California Supreme Court,” Brown said in a statement accompanying a brief filed with the court.

Brown argued that the court should not impose a stay that would prevent Prop. 8 from taking effect while the cases were pending, and would allow the resumption of same-sex marriages in California until the court ruled. But Brown said the court should move quickly to decide the issue.

“Review by this court is necessary to ensure uniformity of decision, finality and certainty for the citizens of California,” the attorney general’s office said in its court filing.

The court could decide at its weekly conference Wednesday whether to accept the suits for review and whether to suspend Prop. 8 while it considers the cases.`

Two of the suits were filed by same-sex couples, a third by the city of San Francisco and other local governments, and the fourth by civil rights organizations that argued that Prop. 8 would set a precedent for eliminating the rights of any minority by popular vote. All four were filed directly with the state Supreme Court.

via SF Chronicle: Brown urges state high court to hear anti-Prop 8 cases


Salt Lake City



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