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:

1. 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 .
2. Proposition 8 doesn’t violates the separation of powers doctrine (because it would allow voters to over rule interpretation by the judiciary)
3. 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.