Jerry Brown: unafraid to oppose discriminatory laws, unlike our President

[t0dd]

Source: LA Times

California Atty. Gen. Jerry Brown once again refused to defend Proposition 8's ban on same-sex marriage Friday, telling a federal judge that it violated the U.S. Constitution and should be struck down.

Brown made his arguments in response to a federal lawsuit against the state by two gay couples who contend the initiative violates federal due process and equal protection guarantees.

Over Brown's opposition, the California Supreme Court upheld the proposition last month on state, not federal, constitutional grounds, a few days after the federal suit was filed in San Francisco.

Brown's willingness to fight a state law that has been upheld by the state's highest court contrasted sharply with President Obama's decision this week to oppose a federal challenge to the U.S. Defense of Marriage Act brought in Orange County.

In that case, a married gay couple, Arthur Smelt and Christopher Hammer, has challenged the constitutionality of both Proposition 8 and the 1996 federal law that prohibits extension of federal benefits to same-sex couples.

The U.S. Justice Department has argued that the Orange County challenge should be dismissed, a position that was quickly denounced by gay rights lawyers.

In a statement, Obama's lawyers noted that the president considers the gay marriage ban discriminatory and wants it rescinded, but that his government is legally obliged to defend the law on the books.

"The president has said he wants to see a legislative repeal of the Defense of Marriage Act because it prevents couples from being granted equal rights and benefits. However, until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system," the statement said.

Brown, however, said that even though California is required to enforce Proposition 8, he is free to agree with the challengers that it violates the 14th Amendment of the U.S. Constitution.

Brown's position, laid out in a brief filed late Friday, puts the state's highest-ranking law enforcement officer on the record declaring that the ballot measure violates federal constitutional protections. The San Francisco case may eventually reach the U.S. Supreme Court.

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Read more here: http://www.latimes.com/news/local/la-me-gay-marriage13-2009jun13,0,5786790.story

Fierce advocate! :spray: :rofl:

Oh, and by the way, to all you Obama apologists, to those of you who fail to support anything but complete equality for the GLBT community: He may still be widely popular come re-election. He may continue to win the praise of many despite his inaction, but I wonder whether your madness isn't the worst kind. I fear people like you can't be reached. You abandon the principles of the Party to blindly follow without question someone that has failed numerous campaign promises. Worst of all, you demonize anyone that tries to raise even the slightest criticism.
But let Obama continue to advocate change, let him advocate it so well that nearly everyone believes it-- everyone except me and those who reject the notion of depriving rights to an already disadvantaged people, because we know how rotten he is.

[Not Me]

1. Highly RECOMMENDED

nt

[Balderdash]

2. k&r

[Bluenorthwest]

3. I'm a Jerry Brown Democrat all the way!

My Dad was a Pat Brown Democrat, Jerry's Dad. Jerry is part of the real Democratic branch of the Democratic Party, not the right wing, sleeping with the enemy type.