California Gay Marriage Decision Looming
Mar 1st, 2009 | By A Progressive Girl | Read more in: GLBTQMarch 5th is quickly approaching and California Attorney General Jerry Brown is there – on my side this time. The question is, will that help? The California Supreme Court will be hearing oral
arguments on the legality of Proposition 8, the California amendment initiative to remove the rights of gay Californians to marry. Many legal scholars believe the challenges prevailing are a long shot. It’s not typical of the state’s AG to side with the opposition, but there he is.
I remember 1976’s presidential primary campaign when Jerry Brown, then Governor of California and son of legendary politico Pat Brown had hair and sat squarely at the top of the media darling list. Being of liberal mind-set that year of high school, I watched intently as the Democrat candidates fell away one by one leaving only Jimmy Carter.
Brown was young and different in 1975. He was, as could be made a case back then, maverick in his approach. He was “Californian” in the ultimate coming-off-the-free-love-1960s way an Iowan teenager could never fathom fully. Neither, apparently, could a lot of Democrat voters who may have found his being different a sure sign of having experimented with that there mari-ju-ana or partaking in wild orgies with girlfriend Linda Ronstadt’s rock-n-roll friends. He did, however, continue as governor for eight years.
He was a little renegade as governor – giving up a limousine for a car out of the motor pool and selling the governor’s mansion as he lived in a modest apartment Midtown in Sacramento. He cared about the environment, unjust war, and was opposed to the death penalty. Though he was once called “Governor Moonbeam” by some, he has never wavered from doing what needs to be done regarding issues of conscience.
Brown continued to carve out quite the career once he left the governor’s office. He spent years as head of the California Democratic Party and as mayor of Oakland. In 2007, he was elected as California’s Attorney General. As attorney general, his charge is to represent the legal interests of the State of California.
One thing I have to hand the guy, he’s not afraid of public opinion. He stood up and filed a brief with the CA Supreme Court against the Prop 8 ban on gay marriage after vowing to stand up to pro gay supporters. According to the Huffington Post, Brown’s reversal came after a thorough review:
“The California attorney general has changed his position on the state’s new same-sex marriage ban and is now urging the state Supreme Court to void Proposition 8.
I
n a dramatic reversal, Attorney General Jerry Brown filed a legal brief saying the measure that amended the California Constitution to limit marriage to a man and a woman is itself unconstitutional because it deprives a minority group of a fundamental right. Earlier, Brown had said he would defend the ballot measure against legal challenges from gay marriage supporters.
But Brown said he reached a different conclusion “upon further reflection and a deeper probing into all the aspects of our Constitution.
“It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative,” he said in an interview Friday night. “Based on my duty to defend the law and the entire Constitution, I concluded the court should protect the right to marry even in the face of the 52 percent vote.”
Though the forty-plus groups that filed amicus briefs with the court asking that Prop 8 be struck down and AG Brown disagree as to why the ban is unconstitutional, both views will be heard, along with those of Prop 8 sponsor Protect Marriage’s lead attorney, Ken Starr (remember the guy who spent millions upon millions of our tax dollars to bring down Bill Clinton?) on March 5th at the CA Supreme Court. Within 90 days, a decision should be published.
Supreme Court of California
350 McAllister Street
San Francisco, CA 94102-4797
Office of the Clerk
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415-865-7000
Let them know how you feel about equality and justice for all of our citizens.















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If there’s any justice, the courts will finally put an end to this “majority rule” B.S. and point out that human rights aren’t up for a vote.
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Thank you, Wil – appreciate the sentiment and let’s hope some majority other than the public’s is listening.
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