BREAKING NEWS –Â StateÂ Attorney GeneralÂ Jerry Brown hasÂ asked the California Supreme Court today to invalidate Proposition H8. According to Brown, the November ballot measure banning gay marriage “deprives people of the right to marry, an aspect of liberty that the Supreme Court has concluded is guaranteed by the California Constitution.”
Brown, who’s duty is to defend the state’s laws, originally said he planned to defend the controversial proposition. After gay rights activists filed legal challenges to Proposition 8,Â Brown says he studiedÂ the matter and concluded that â€œProposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification.”
â€œItâ€™s outrageous,â€ said Frank Schubert, campaign manager for Proposition 8, in response to Brown’s reversal. Legal briefs filed Friday were in response to several legal challenges filed by gay rights advocates,Â and the cities of San Francisco and Los Angeles.
The California Supreme Court announced that it would hear arguments in the case shortly after the election, perhaps as soon as March. The legal challenges to Proposition H8 point out that revisions of the state Constitution can be placed on the ballot only after a two-thirds vote of the Legislature or a constitutional convention. In contrast, Proposition H8 was put on the ballot after a signature drive.
Brown’s brief filed today added that he believes that the estimated 18,000 same-sex marriages performed from June to November should remain valid.
The group Protect Marriage (PM) intervened in the case and filed its own brief because it didn’t believe Brown would defend Proposition H8.Â PM argued that Proposition 8 should remain legal and seeks to nullify all same-sex marriages performed from June to November.