CA Attorney General Supports Repeal of Prop 8!
Filed by: Brynn Craffey
December 20, 2008 10:00 AM
http://www.bilerico.com/2008/12/ca_attorney_general_supports_repeal_of_p.phpCalifornian Attorney General (and former two-term governor) Jerry Brown, in a surprise turnabout, has filed a brief to the State Supreme Court in support of overturning Proposition 8!
Prior to this move, Brown had publicly stated he would uphold Prop 8. Attorneys general are expected to enforce and defend state laws unless they have a strong reason not to. The fact that Brown has taken this high-profile and very political step indicates that he and his team of attorneys are confident they stand on strong legal ground and can defend their position.
In another surprise, Brown did not argue against Prop 8 by saying that the ballot measure was a constitutional revision--which would have thus required the support of two-thirds (instead of a simple majority) of the electorate to pass. Rather, Brown took a totally different legal tact by arguing that Prop. 8 conflicts with the State Constitution's Declaration of Rights, the basic guarantees of liberty declared in the document's first sentences.
