Brown Says Prop 8 Must Be Overturned....

From the San Francisco Chronicle:

(12-19) 19:43 PST SAN FRANCISCO -- State Attorney General Jerry Brown, in a surprise turnabout, asked the California Supreme Court on Friday to overturn Proposition 8, saying the voter-approved ban on same-sex marriage violates basic rights guaranteed in the state Constitution.

Brown, who is required to defend state laws unless he cannot find reasonable legal grounds to do so, said after Prop. 8 passed Nov. 4 that he would support the initiative before the state's high court.

But in a lengthy filing late Friday, he argued that the measure was "inconsistent with the guarantees of individual liberty" in California's governing charter.

"Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification," Brown said.

The authors of the state Constitution, he said, did not intend "to put a group's right to enjoy liberty to a popular vote."

Asked about his change of position, Brown said Friday evening that since his initial comments the day after the election, in which he said he would defend Prop 8, he and senior lawyers in his office have looked closely at the court's precedents and at the recent marriage ruling and concluded they couldn't defend Prop. 8.

"We have a conflict between the amendment power (through voter initiatives) and the duty of the Supreme Court to protect minorities and safeguard liberty," Brown said.

Fundamental rights in the state Constitution, including the right to marry that the state's high court has recognized, "become a dead letter if they can just be amended" by popular vote, Brown said.

Thank God someone is finally calling a spade a spade on Prop 8. It's not about revisions vs amendments. It's about fucking civil rights!!!! And civil rights should NEVER be put up to popular vote. It's never been done before.

Read the Attorney General's brief here.