Attorney General Jerry Brown: Proposition 8 Must Be Stricken
A happy Friday surprise!
California Attorney General Jerry Brown filed an 111 page brief this evening asking the California Supreme Court to strike Proposition 8.
In his Press Release he includes a link to his brief.
The respondents were asked to address several issues. Here’s how Attorney General Brown responded:
- Proposition 8 is invalid because it is an but not because it’s an (a revision wouldn’t be legal, either, because marriage is a fundamental right) unconstitutional revision, not an amendment .
- Proposition 8 doesn’t violates the separation of powers doctrine (because it would allow voters to over rule interpretation by the judiciary)
- If Proposition 8 is upheld, the marriages made before November 5th must be upheld
Brown notes that abrogation of a fundamental right in the California constitution cannot be done through initiative unless there’s a public need, and:
Mere majority support alone for the measure does not suffice.
Bravo! Well done.
Of course, we have yet to learn what the Official Proponents of Proposition 8 (as they are known in the court briefs) had to say.
They, too, had to file today.
Sadly, the California Supreme Court website is not up to date. I will troll for the PDFs tomorrow and update.
Hat tip: Andrew Malcolm.
