California Attorney General Jerry Brown has filed a legal brief claiming that Proposition 8, the controversial amendment that declared gay marriage illegal in the state of California, is an unconstitutional measure and should be voided.Brown, who once said he would dismiss challenges to the measure, has apparently made a dramatic turn-around. “Upon further reflection and a deeper probing into all the aspects of our Constitution” Brown said, “It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative. 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.” [...]
“Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification.”
’tis the season to be jolly!
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