Wednesday, March 04, 2009

Jerry Brown explains why Prop 8 should be struck down

California Attorney General (and former Governor) Jerry Brown puts forth an argument that Prop 8 is unconstitutional and draws a parallel with an earlier proposition in 1954 that "would have legalized racial discrimination in the selling or renting of housing. Both the California and U.S. Supreme Courts struck down this proposition, concluding that it amounted to an unconstitutional denial of rights."

He notes:
Fundamental rights in California are recognized and protected by our constitution, which declares in Article I, Section 1 that "all people are by nature free and independent and have inalienable rights" and "among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."


In 2008, the California Supreme Court was faced with the question of how the values enshrined in Article I apply to same sex marriages. It concluded that the concept of "liberty" includes the right to form the enduring relationship called marriage and that no compelling interest justified denying this right to same sex couples. Just like the right to be free from discrimination in housing, citizens have the right to be free from discrimination in state-granted marriage licenses.
If rights are inalienable, ballot propositions cannot take them away.

Pray for the hearings at the California Supreme Court that begin tomorrow.
--the BB


IT said...

Yeah, so why the heck didn't he go argue it himself instead of letting a 1st year law student do it---oh wait, you mean that assistant passed the bar and is actually a LAWYER?

Paul said...

I expected him to present the argument himself too. Sigh.

(((((((((((( IT & BP ))))))))))))