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Calif. AG Urges Court to Void Gay Marriage Ban
www.newsmax.com ^ | December 19, 2008 | Associated Press

Posted on 12/20/2008 7:29:33 AM PST by Publius804

Calif. AG Urges Court to Void Gay Marriage Ban

SAN FRANCISCO – 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.

In 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."

Brown, who served as governor from 1975 to 1983, is considering seeking the office again in 2010. After California voters passed Proposition 8 on Nov. 4, Brown said he personally voted against it but would fight to uphold it as the state's top lawyer.

He submitted his brief in one of the three legal challenges to Proposition 8 brought by same-sex marriage supporters. The measure, a constitutional amendment that passed with 52 percent of the vote, overruled the state Supreme Court decision last spring that briefly legalized gay marriage in the nation's most populous state.

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections; US: California
KEYWORDS: 2008election; attygenjerrybrown; california; gaymarriage; gaystapo; homosexualagenda; jerrybrown; lavendermafia; moonbeam; moralabsolutes; moralrelativism; newsmax; prop8; proposition8; queerlybeloved; religiousfreedom; traditionalmarriage; traditionalvalues
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1 posted on 12/20/2008 7:29:33 AM PST by Publius804
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To: Publius804

Way to represent We The People, you bought and pandering POS


2 posted on 12/20/2008 7:31:36 AM PST by A_Former_Democrat
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To: Publius804; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of interest.

Obama Says A Baby Is A Punishment

Obama: “If they make a mistake, I don’t want them punished with a baby.”

3 posted on 12/20/2008 7:32:46 AM PST by narses (http://www.theobamadisaster.com/)
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To: Publius804

Ahhh.......little governor MoonBeam’s at it again. He’s always so cute.


4 posted on 12/20/2008 7:33:39 AM PST by EggsAckley
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To: Publius804

So the California Constitution is unconstitutional. i guess you have to be a lawyer to understand that.


5 posted on 12/20/2008 7:34:13 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Publius804
Yeah, screw The People! The Constitution is unconstitutional! Let's just socially engineer from the bench! It's the Amerikan way!

Left Coast moonbats. When the Big One finally hits, I'm getting in my truck and blockading every last cent of aid leaving my state.


6 posted on 12/20/2008 7:36:32 AM PST by Viking2002 (Let's be proactive and start the impeachment NOW.)
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To: Publius804

The totally useless and damaging liberal state government of Taxifornia continues its pathetic excuse for “government”. Pandering to queers — while the state continues to sink in tens of BILLIONS of dollars of projected debt. The people of Taxifornia have already expressed THEIR WILL in TWO votes about queer marriage, they don’t want it, but these useless fools liberal fools keep doing what they do best — flaunting the will of the people and BREAKING LAWS.....to say nothing of spending money they do not have.


7 posted on 12/20/2008 7:37:10 AM PST by EagleUSA
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To: Publius804

The vote of the people doesn’t mean anything anymore.

Nor do votes by Congress, which turned down GM and Chrysler only to be reversed by President Bush’s executive edict to waste another $17.4 billion of our tax dollars (or run up the national debt - same thing).

We have taxation without representation.


8 posted on 12/20/2008 7:37:56 AM PST by pleikumud
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To: Publius804
Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative...

They have the right to marry, no one is denying them that right. It just has to be a person of the opposite sex.

9 posted on 12/20/2008 7:38:57 AM PST by HondaCRF450
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To: Publius804

Yeah, but what about the minority rights of bigamists,
orgyists, guys who want to marry their brothers, sisters,
mothers, fathers, grandfathers, turtle?

...but people will do what people will do, and they will bear outcomes of their
behaviour. There is a sense of pity for their plight,
but it’s a very sad case of “look, we told ya’ so, and we don’t
know how to solve your new problems”


10 posted on 12/20/2008 7:41:24 AM PST by Getready (Wisdom is more valuable than gold and diamonds, and harder to find.)
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To: Publius804

Wait a sec, I thought the job of the AG was to enforce the constitution of California? Prop 8 is now part of the constitution.


11 posted on 12/20/2008 7:43:35 AM PST by St. Louis Conservative
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To: Publius804

“But Brown said he reached a different conclusion “upon further reflection and a deeper probing...”

Talk about a deep probing...we get it again...


12 posted on 12/20/2008 7:45:53 AM PST by jessduntno (Barack - Kenyan for "High Wind, Big Thunder, No Rain")
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To: Publius804
Pure tyranny
13 posted on 12/20/2008 7:46:05 AM PST by Las Vegas Ron (The tree of liberty is getting mighty dry)
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To: Publius804
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.

It is the state constitution as amended they are being asked to void, not the "new same-sex marriage ban" or " proposition 8".

14 posted on 12/20/2008 7:48:13 AM PST by oldbrowser (Break up the federal government.)
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To: Publius804

Has a state AG ever been recalled. I think there is enough here to start that process if possible.


15 posted on 12/20/2008 7:55:42 AM PST by drypowder
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To: Publius804

Standard tactic of the anti-American socialist. They will use our system, writing legislation and having the citizne vote on it if the issue is paert of their agenda. If however legislation is written andf voted into law that does not fit their agenda then they use the court system to try and overturn the will of the people.
With a Socialist to soon occupy the Whitehouse this type of governing will increase..


16 posted on 12/20/2008 7:57:28 AM PST by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: St. Louis Conservative

Don’t bring up minor details.


17 posted on 12/20/2008 8:02:28 AM PST by mefistofelerevised
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To: Publius804

“Article 1 provision guaranteeing basic liberty, which includes the right to marry”

So, if marriage is a basic right regardless of who does it, then I can marry my mother, my father, my dog, my cat, even the tree out in my back yard.


18 posted on 12/20/2008 8:09:29 AM PST by yazoo
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To: Publius804

Brown ought to go back to law school. How can an amendment to the Constitution be unconstitutional?


19 posted on 12/20/2008 8:09:54 AM PST by Brilliant (wp)
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To: jessduntno

“upon further reflection and a deeper probing...”

In other words, he does it in front of a mirror.


20 posted on 12/20/2008 8:11:01 AM PST by Brilliant (wp)
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To: Publius804

This is very good. This sets the stage up for a special election to throw out those CA SC judges. This is worth watching. People are already pissed off about other things.


21 posted on 12/20/2008 8:12:03 AM PST by BobS
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To: Publius804

Jerry Brown is the biggest bafoon in the state. The voters don’t count to him......unless he is running for office.


22 posted on 12/20/2008 8:20:14 AM PST by RC2
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To: Publius804
Of course, gays have a right to marry. Just about every man labeled "gay" by Gay History buffs --- Michelangelo, Shakespeare, and even the flaming Oscar Wilde --- were married, and invariably to women. Similarly, through the centruries, most woman-interested-women were married to men.

Every adult in CA and in the whole USA has an equal right to marry another person who is eligible to be married to them.

Eligible means a member of the same species, having reached the age of majority, capable of consent (not mentally incapacitated), free to choose (not under threat or coercion), capable of coition (an act of sexual intercourse), not already married to another person, not a direct blood relation (or whatever the prevailing definition of consanguinity and incest may be), and not of the same sex.

If, per Jerry Brown, the California Constitution requires everyone to free to marry anyone, then there is no reason to uphold any of those criteria. Not species, nor age, nor capacity, nor consent, nor number of spouses, nor consanguinity, nor ability to consummate a marriage act, nor monogamy, nor anything else.

It effectively degrades marriage via de-definition, just as effectively as you can de-define a crystal goblet by making it illegal to distinguish it in anyw ay from waxed cardboard, aluminum, or plastic.

23 posted on 12/20/2008 8:22:30 AM PST by Mrs. Don-o ("Every system is perfectly designed to get the results it gets." - Isaac Asimov)
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To: Mrs. Don-o
Michelangelo was never married. Shakespeare and Oscar Wilde were.

Jerry Brown did his best earlier to defeat Prop. 8 by changing the wording of the proposition on the ballot (at least the heading) to try to make it sound unreasonable. Probably it would have won a higher majority of votes with the original heading.

24 posted on 12/20/2008 8:30:05 AM PST by Verginius Rufus
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To: Getready
orgyist??

When and where are the services?

25 posted on 12/20/2008 8:35:26 AM PST by nufsed
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To: Mrs. Don-o
Marriage is a contract between people who can engage in a contract. One reason why we don't let children marry.

Could you explain why you think marrying animals would be allowed and how the animal would enter into an accpeptable contract?

26 posted on 12/20/2008 8:37:55 AM PST by nufsed
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To: SECURE AMERICA
With a Socialist to soon occupy the Whitehouse this type of governing will increase..
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

We must use the words that fit: Communist and Marxist.

Scratch a liberal and under his thin skin is a socialist. Dig a little deeper and you will soon find the Marxist nuclear fuel rod that drives everything he says and does.

27 posted on 12/20/2008 8:38:52 AM PST by wintertime
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To: EggsAckley
This is like explaining it was flavorade at Jonestown not koolaid.

Brown became know as moonbean because it was said he was the only governor at the time with his own space program. Brown had proposed that the state put up a communication satellite for emergencies and a statewide communication network. He was laughed at by ignorant idiots. Soon after Dukemejian came in and what did he do, put up a satellite. Of course, Duke is not looked at as crazy, just thoughful.

28 posted on 12/20/2008 8:42:36 AM PST by nufsed
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To: Publius804

Hey California, you keep a turd like Jerry Brown around as long as you have, you deserve what ya get.
He is the perfect politician to represent you in fruitcake land.
The people voted. They decided they didn’t want to accept the homosexual agenda. Well the fools don’t know what they are doing so get the courts to throw out the will of the people.
When are some of these fools going to get lynched?


29 posted on 12/20/2008 8:42:51 AM PST by Joe Boucher (An enemy of Islam)
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To: Publius804

Leftist politicians do not represent or work on behalf of “the people.” They work only for the advancement of the leftist agenda and the destruction of free enterprise and our constitutional republic. This obvious flaunting of the clearly expressed will of the voters is ludicrous. Brown should be immediately removed by the governor, or the Cal state legislature. Naturally that’ll happen as soon as I win the Masters. The left continues to run this nation like dictators. Sooner or later the people will have to begin the second American revolution, or lose their rights forever.


30 posted on 12/20/2008 8:45:07 AM PST by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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Jerry Brown is a weasel. Tell us Jer, why should we vote in the first place? The People voted on prop 8 and it won. That's called a winning vote from the will of the People.

What do you not understand about that, Jer?

31 posted on 12/20/2008 8:53:18 AM PST by NoRedTape
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To: Publius804

How can a constitutional amendment be unconstitutional?


32 posted on 12/20/2008 8:54:24 AM PST by Non-Sequitur
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To: Non-Sequitur
From another thread....This “victory” eventually is going to be overturned by the state SC. And, the Prop 8 supporters will go down with but a whimper in the end. The left never gives in to its opposition.

This is how the last one ended. So now it's up to the PEOPLE. If the people don't take up the cause no one will and they will fulfill their agenda in the end. They don't give up so we can't either.

33 posted on 12/20/2008 9:24:46 AM PST by BigFinn (isa 32:8 But the liberal deviseth liberal things; and by liberal things shall he stand.)
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To: Publius804

I could be wrong however I thought brown had a roll in the final wording of the prop put on the ballot.


34 posted on 12/20/2008 9:27:09 AM PST by paul51 (11 September 2001 - Never forget)
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To: yazoo
How about marrying your computer and claiming it as a dependent? Tell the IRS that. That fart won't blow over very well.

Let this CA thing go the way I think it will. There will likely be a special election for SC judges. The blacks, south americans, and us whites are not in a particulary good mood now. And when gays started assaulting people going to church, that hammer came down real hard from everybody. How about tolerance for people that read scripture and try to understand it in the place and time?

When the Romans invented the indoor swimming pool in Bath, England, John the Baptist jumped in for a swim. It's still the same. The cops would't let me and my buddy jump in.

35 posted on 12/20/2008 9:31:25 AM PST by BobS
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To: Publius804

Is there any reason for there not to be a recall effort of this leftist freak if such recall is possible with an attorney general?


36 posted on 12/20/2008 9:44:46 AM PST by Ol' Sparky (Liberal Republicans are the greater of two evils)
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To: nufsed
Marriage is a contract between people who can engage in a contract.

Wrong. Marriage is a union between a man and a woman made by God Almighty.
37 posted on 12/20/2008 9:50:55 AM PST by advance_copy (Stand for life or nothing at all)
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To: advance_copy

Wrong


38 posted on 12/20/2008 9:53:45 AM PST by nufsed
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To: advance_copy

Let’s have a little context here. We are talking about government recognition of marriage. Some one comes along and says that people will want to marry animals. I point out how stupid that is. I assume you agree with me that that is ridiculous.


39 posted on 12/20/2008 9:55:41 AM PST by nufsed
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To: advance_copy

You may not realize it, but there is marriage of people who don’t hold your religious beliefs.


40 posted on 12/20/2008 9:58:48 AM PST by nufsed
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To: nufsed

When a government recognizes God’s union between a man and a woman, it is still the union that is marriage, not the government’s recognition of it. An assertion that it is govnerment and not God that decides what is marriage eliminates all barriers on government deciding that anything could be marriage. Defining marriage as a “contract” is what is ridiculous and stupid.


41 posted on 12/20/2008 10:04:00 AM PST by advance_copy (Stand for life or nothing at all)
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To: nufsed

Marriage is God’s union between a man and woman whether they believe it or not.


42 posted on 12/20/2008 10:06:18 AM PST by advance_copy (Stand for life or nothing at all)
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To: Publius804

“Minority group”?

Here we have another liberal at it again, attempting to silence the voice of the majority. If this happens then we will be living under a tyrannical government.


43 posted on 12/20/2008 10:19:01 AM PST by rbosque (10 year Freeper!)
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To: Brilliant
"Brown ought to go back to law school. How can an amendment to the Constitution be unconstitutional?"

It is the concept that some parts of a Constitution are more crucial than others, and that they simply cannot be amended.

Expect to see this again.

44 posted on 12/20/2008 10:28:34 AM PST by Montfort (Hugobama - Proof that Marxism is alive and well)
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To: advance_copy

Then why do you need the government to say who can and cannot be married. When you can just have God tell the country what to do.


45 posted on 12/20/2008 10:58:29 AM PST by nufsed
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To: Verginius Rufus

Right you are. My error. I was thinking of Michelangelo’s admired lady Vittoria Collona, but they never married.


46 posted on 12/20/2008 11:08:43 AM PST by Mrs. Don-o ("It is our choices, far more than our abilities, that show us what we truly are. " -- J.K.Rowling)
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To: nufsed
"Could you explain why you think marrying animals would be allowed and how the animal would enter into an accpeptable contract?"

You ask of me something of which I am not capable: discerning the mind of a California jurist.

The legal status of non-human animals is being widely discussed in a number of different venues, not only in California, and not only academically: to these I refer you if you wish to pursue this line of reasoning.

47 posted on 12/20/2008 11:15:55 AM PST by Mrs. Don-o ("It is our choices, far more than our abilities, that show us what we truly are. " -- J.K.Rowling)
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To: Mrs. Don-o

The reference to animal0-human marrtiage is referred to every day here. That’s what started my posts today. No need to go anywhere else.


48 posted on 12/20/2008 11:38:47 AM PST by nufsed
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To: nufsed
If it has anything to do with the funeral orgies that the king talks about in Huck Finn, chapter 25, I don't want to have anything to do with it.

"I say orgies, not because it's the common term, because it ain't--obsequies bein' the common term--but because orgies is the right term. Obsequies ain't used in England no more, now--it's gone out. We say orgies, now, in England. Orgies is better, because it means the thing you're after, more exact. It's a word that's made up out'n the Greek orgo, outside, open, abroad; and the Hebrew jeesum, to plant, cover up; hence, inter. So, you see, funeral orgies is an open er public funeral."

I must admit I copied that from the text, and didn't recite it from memory, like Blagojevich quoting Kipling.

49 posted on 12/20/2008 7:47:55 PM PST by Verginius Rufus
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To: Publius804; All

Okay freepers .....someone post Jerry’s email and phone number and let us all swamp his office with calls until he supports Prop 8 and says NO to the filthy disease ridden queers!

remember there are more of us than the queers!


50 posted on 12/20/2008 10:56:50 PM PST by Morgana ("Communism doesn't work because people like to own stuff." --Frank Zappa)
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