CA Top Prosecutor Calls Prop 8 Indefensible

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.

Opponents have argued that the proposition fundamentally altered the state Constitution by taking away the right to marry from same-sex couples, who had been free to do so since May, when the California Supreme Court legalized such marriages. Proposition 8 overturned that decision by defining marriage in California as between only men and women.

Supporters of Proposition 8 asked the court in a separate legal brief filed Friday to invalidate the approximately 18,000 same-sex weddings performed before the ban was passed.

via NYTTop Lawyer Urges Voiding California Proposition 8

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2 responses to “CA Top Prosecutor Calls Prop 8 Indefensible

  1. Kenneth Starr, legal supervillian and darling of the uber-right, has joined the team to help defend Prop 8. Remember him? He’s the “special prosecutor” who was trying his damnedest to stick it to Bill Clinton. I hope the GLBT community understands that these mofo 8 backers have no qualms about making it ugly.

  2. Kenneth Starr…….uhhhhhhh, wasn’t he the dude who WASTED AMERICA’S attention, time, and resources (human & $) in the 90’s, creating a national inattention that was fertile soil, and yes I mean dirt, for a NEO-CON-ITHIC HORROR TO SET ROOT and destroy America’s Soul as we knew it?

    Thought so.

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