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Prop 8 Trial Judge Is Gay; Should This Matter?
Whoa.
This is big. Attorney General and former Governor of California Jerry Brown says prop 8 is invalid. Yesterday Brown filed a legal brief claiming the same-sex marriage ban, which would amend the California Constitution to include discrimination and gays and lesbian couples, "is itself unconstitutional because it deprives a minority group of a fundamental right."
Why is this so dramatic? Basically, Jerry Brown's job is to defend the state's laws. But he was in a tricky position because prop 8 might violate the constitution. So, which one should he defend? The equal protection clause or prop 8? It seems like an easy decision to us -- of course you have to defend equal protection; it would be nuts if the state suddenly turned against its decades of support for nondiscrimination laws.
Then again, it's a messy, complex issue that is beyond radioactive, politically speaking. The people who want to limit equal protection will argue that this isn't fair; that Brown is ignoring the will of the voters in the last election, and that they deserve to have prop 8 defended. However, there are loads of other lawyers ready to defend prop 8. And Jerry is defending the will of the voters -- fifty years' worth of will that is plainly evident in California's pioneering protection of civil equality.
Brown, we should point out, is also thinking about making a run for the governor chair. Again.
That said, we haven't been this proud of the state of California since the election. Way to go, Golden State.
Image: official portrait of Jerry Brown as Governor of California, from the California State Capitol Museum. Painted by Don Bachardy.
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Wow! You get em, Jerry! If he does decide to run for Governor again that should be the last nail in Gavin's coffin. Go Moonbeam!
I don't care what anyone says, I think Jerry still kicks booty.
I'm curious, how is marriage a "fundamental right"?
It becomes a fundamental right when it becomes a part of the tax code.
Jerry's not referring to marriage when he says "fundamental right," he's referring to the fundamental right of coverage under the equal protection clause, enumerated in Article 1, Section 7 of the CA Constitution:
"A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens."
OK thanks mattymatt. That makes sense.
Mattymatt you braniac you!
It'll be fun to watch oral arguments before the supreme court now that the only people left defending Prop 8 will be lawyers for the Prop 8 proponents going up against the AG/SF city attorney tag team.
While I don't think Gav has a chance in hell of making to the statehouse, I don't understand the hatred on display here (the glee that the carpet bagging to Oakland Jerry Brown kills Gavs chance, especially after his own undistinguished term in Oakland.) Remember Newsom put this whole thing in motion, without who there would be no chance of Marriage Equality for another 10 years. He is the one politician on your side and willing to take real chances.
If Brown's contention had any merit then why didn't he bring this up BEFORE it was voted on? Seems either Brown is disingenuous or he failed to do his job to begin with.
Fuck yea! Tell those bible thumpers to get the hell out of our state. Freedom of religion implies freedom from religion, too.
@ mushmouth
True. But legalizing gay marriage as SF Mayor entails almost zero political risk, as Newsom's stratospheric poll numbers indicate.
Put it this way: Imagine the positions were reversed, with Gav as AG, running for gov, with strong primary contenders and a state divided on the issue.
Think he'd take the risk?
Jerry is a tootsiepop
"It seems like an easy decision to us -- of course you have to defend equal protection; it would be nuts if the state suddenly turned against its decades of support for nondiscrimination laws."
As a supportive outsider, let me tell you that this sounds like utter bullshit. It's gay marriage. That's a big change. You're the ones trying to make a change to society, not the other side, and this type of language is just insulting -- you really thing people are that dumb?
I honestly think you could have won a vote in a few years, everything was trending your way. Trying to ram it through the courts just pissed people off. Nice going there.
"....you really think people are that dumb?"
Not usually, no.
The very people opposed to gays getting married are the same superior moralistic bunched asses we ran away from to start this country in the first place. Probably related to the same people who thought that blacks and whites shouldn't share bathrooms, counters, water fountains or marry.
Talk about being un-American bigoted assholes. The movement needs to get its act together, out these people and shame them publicly and vociferously.
The Declaration of Independence lays it all out in very simple terms that "...all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness..."
This is very exciting.
If being San Francisco Mayor were the end of Newsom's political aspirations you would be correct there is no risk. That simply isn't the case. If it was so risk free why didn't Willie Brown set this in motion? Or Jerry Brown when he was Mayor of Oakland?
Kudos Brock, on using the great gay Don Bachardy's artwork
billywags --
WTF are you talking about? We already HAD same-sex marriage in California. Prop-8 was re-defining marriage back to the way it was before.
So let's not mince words here, banning same-sex marriage is the change. Allowing it would mean NO change.
@billywags
"...you really thing people are that dumb?"
No, but some of us know the difference between a "k" and a "g" - so as a supposed 'outside supporter' please stay outside and keep watching the gay porn from your trailer in Wichita, KS.
Stay classy!
Now don't go gettin' all uppity. Be a good boy and maybe we'll let you have a few more of them rights after a while. Until then, just keep in your place and do as your told, you hear?
-billywags
That's an awesome t'ing for Jerry Brown to do. I saw him on TV recently. His face was white as milk, punctuated by a couple of red spots on his upper cheeks. he looked unhealthy. maybe he's been losing sleep fighting for us gays.
I would not go so far as to call California a "pioneer in the protection of civil equality." The state did pass Prop 14 back in the 60's, after all. Maybe the bay area is such a pioneer, but you get outside that area (and a few others) and I don't find that much difference between California and a scary religious red state.