Brown: Invalidate Prop. 8

San Jose Mercury News reports on Attorney General Jerry Brown’s position on Prop. 8.

Saying Proposition 8 violates constitutionally protected liberties, Attorney General Jerry Brown on Friday asked the California Supreme Court to strike down the same-sex marriage ban, even as supporters filed a brief that would erase the legal recognition of couples married before Election Day.

In a brief filed with the high court, the state top’s lawyer argues for the first time that Proposition 8 should be invalidated, saying it is “inconsistent with the guarantees of individual liberty safeguarded” by the California Constitution. Brown had not taken a position on the measure until now.

Further down in the article they discuss the brief that supporters of Prop 8 are pushing, to invalidate existing legal marriages.

Proposition 8 supporters acknowledge those marriages were legal before Election Day, and say they are not trying to “nullify” them now. They argue that the plain language of Proposition 8 — “Only marriage between a man and a woman is valid or recognized in California.” — means those marriages can no longer be recognized in California, although they would still be valid in other states where same-sex marriage is legal or recognized.

This just makes my stomach turn because I can’t understand how people who are good people could be so cruel. And I know that the supporters of Prop.8 aren’t evil people, but this is a terrible thing to do to someone who is in love.

There’s this video that circulated shortly after Prop. 8 passed and at the time I didn’t post it although I remarked to other folks that I wished it had come out before the election. I’m sure a lot of you have seen it, but it’s worth a revisit.

Just in case my feelings aren’t abundantly clear, give Attorney General Jerry Brown all the support you possibly can. The man is totally right. This is a fundamental liberty.

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5 thoughts on “Brown: Invalidate Prop. 8”

  1. Brown has external support with the recent NJ commission decision:

    “The commission — composed of 13 individuals, six of whom are government officials representing an Administration that had opposed marriage equality in the courts, two of whom are members of the clergy, and one of whom is a right-to-life Republican — UNANIMOUSLY recommends to Governor Corzine and the New Jersey legislature that they enact a law to allow same-sex couples to marry ‘expeditiously because any delay in marriage equality will harm all the people of New Jersey.'”

    (http://suricattus.livejournal.com/987766.html)

  2. As you know, I am a lesbian. I have been struggling long and hard with both Prop 8, and the equally hateful Amendment 2 here in my own state.

    It is so easy to sit there and, on the surface, believe that those who voted for Prop 8 are not cruel, not hateful, just misguided. And then you realize what they spawned, and then you know–they ARE hateful people. They knew what they were going into. Keith Olbermann nailed it with his Special Message where he kept repeating “Why does this concern you? Why would you deny the rights you have to others?” There’s also Focus On (Your Own Damn) Family.

    Finally, there is this: http://sambakza.net/amalloc/amalloc_frameset.htm You may remember the first animation as the cute little love story that swept AlbinoBlackSheep awhile back. Well, they finished it. You can see, here, that even in faraway Korea, they have the right of the hateful supporters of Prop 8.

    I firmly believe that anyone who is that threatened by my choice of partner that they would ban my right to be happy is hateful, and cruel. It’s personal for me.

    1. You know I totally have your back on this, but I also know people who are fervent supporters of Prop 8. who do not have hateful or cruel natures. And this is the thing that’s really hard to wrap your head around so bear with me for a second, because I think that trying to understand where they are coming from will help when designing responses.

      Granted, there are people who are against gay marriage because they are hateful, but it’s not always the case. If someone, like one of my relatives, is coming at this from the position of believing with their whole heart that being gay will really-o truly-o damn you to an eternity in hell then, from their point of view, it would be totally irresponsible to let that happen. They would be a bad person for not making every effort to stop it, which includes not condoning it through marriage.

      Now, I don’t believe that it’s a sin or in any way wrong but if I start off talking to someone who believes that it is and treat them like they are cruel I’ll make no grounds, because they’ll immediately get defensive. If I can make them understand that their action is cruel then I stand a chance.

      At least, this has been my experience so far. Your mileage may vary.

  3. I don’t know whether it’s a fundamental right or not. I don’t think it is, really. But I couldn’t care less, just like it doesn’t make a damn bit of difference to me whether homosexuality is “innate” or genetically based or whatever, or a pure stinkin’ choice. People who debate such matters are choking on red herrings, it seems to me. It makes not one bit of difference to me. To make distinctions is ridiculous and wrong.

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