Brown: Don't suspend Proposition 8

[jefferson_dem]

Source: UPI

SACRAMENTO, June 12 (UPI) -- Allowing gay couples to marry in California before the status of Proposition 8 is resolved could create chaos, state Attorney General Jerry Brown said.

Brown filed a motion with a federal appeals court late Thursday, urging the court to allow Proposition 8, which bans same-sex marriage, to remain in force while a federal challenge is decided, the Los Angeles Times reported. California voters approved Proposition 8 in November, amending the state constitution to strip same-sex couples of the right to marry.

Brown opposed Proposition 8 and backed a state lawsuit against it that was rejected by the California Supreme Court. The court ruled that 18,000 marriages -- performed after its 2008 ruling that state law banning same-sex marriage violated the state constitution -- remain valid despite its ruling allowing Proposition 8 to stand.

Brown has not revealed his office's position on the federal suit, brought by a legal team that includes both a leading conservative and a prominent liberal.. Some gay activists argued against the challenge, saying losing at the U.S. Supreme Court would be devastating.

The federal lawsuit argues that banning gay marriage violates the equal protection clause of the U.S Constitution.

Read more: http://www.upi.com/Top_News/2009/06/12/Brown-Dont-suspend-Proposition-8/UPI-63831244853440/

[kestrel91316]

1. Sigh. It appears even Jerry Brown lacks a spine.

[xchrom]

2. ...

:mad:

[NYC_SKP]

3. Jerry Brown is smarter than anyone on this board who thinks he's a rat on this matter.

I think he wants to do it right and forever, not do it quickly but poorly and impermanently.

A little research will bear this out.

I trust him implicitly and emphatically.

[Piewhacket]

5. Brown is clearly an advocate of equal rights,

Twice elected and popular governor of CA, its entirely possible the progressive Brown could run
again and even possibly win. His dad was a twice elected, popular, and very effective governor,
(quite conservative but) solid and one of the best CA may ever have had. However, Brown's legal arguments
in opposition to H8 were not accepted by CA Supreme court despite their prior ruling (paralleling
the USSC Brown vs Board decision) that "separate" was not "equal". So apparently CA can
now discriminate against gays with a mere 50.000000001% majority and despite the courts clear
and persuasive declaration of fundamental civil rights.

The CA Supreme court decision was adverse, disappointingly shallow and quite unpersuasive, that is
to say, highly political. Yet they decide CA law, whether wisely or courageously (or not).
But that's why we need good judges on the court, and every DUer on the job making sure that is the case.
(alas, Sotomeyer is not the one, peeple! hello!)

Meritorious grounds for a Federal challenge to H8 are not so clear, indeed that would need to
be sophisticated and would need to carefully evade a decision that CA scheme of
segregation violates the US constitution based on fundamental rights of gays, because given the
current composition of the US Supreme Court that argument would unquestionably fail and even worse,
adding insult to injury, that bigoted insaneowhack Scalia might even write the opinion. Perhaps
CA constitution amendment process violates the US constitution in some manner? Its evil and stupid,
of course, misused and abusive, as insurance companies have proved, but is it unconstitutionally
evil and stupid. That be a question.

So, a winning argument is not apparent, and even attempts are presently problematic and risky given that
the problem will return next election... but I for one am still listening for good arguments.

Someone might post the appeal brief for comment?

[Starry Messenger]

4. I think UPI got it backward.

Well, they are owned by the Moonies. I just got an email from Equality California that says different:

http://www.eqca.org/site/apps/nlnet/content2.aspx?c=kuLRJ9MRKrH&b=4061163&content_id={FA50E0B1-F87F-4AAC-965D-065C3C0D2D58}¬oc=1

EQCA Executive Director Geoff Kors Issues Statement on Attorney General Jerry Brown’s Brief in Support of Federal Lawsuit to Overturn Prop 8

San Francisco – Today, California Attorney General Jerry Brown filed a brief in support of the federal lawsuit seeking to overturn Proposition 8 and restore marriage equality to California. In response, Equality California (EQCA) Executive Director Geoff Kors released the following statement:

“In stark contrast to President Obama's Justice Department filing a brief defending the discriminatory Defense of Marriage Act, California's Attorney General Jerry Brown today filed a brief in support of a federal challenge to Proposition 8. Equality California is extremely appreciative of the Attorney General's continued leadership in opposition to Proposition 8 and in support of ending discrimination against lesbian, gay, bisexual and transgender (LGBT) Californians.

Governor Schwarzenegger is expected to file his brief soon. We urge him to take the same principled stance and tell the Court that Prop. 8 violates the Constitution.

“The time has come for all elected leaders to follow Jerry Brown’s example and stand up for equality for all Americans, regardless of sexual orientation or gender identity. Equality California will continue our position of not endorsing or supporting any candidate for any level of public office who does not completely and unequivocally support total equality for our community.”

I don't have a news link, yet.