Friday, December 19, 2008

Attorney General argues against Prop8

From The LA TImes:
In a surprise move, state Atty. Gen. Jerry Brown asked the California Supreme Court on Friday to invalidate Proposition 8. He said the November ballot measure that banned 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."

It is the attorney general's duty to defend the state's laws, and after gay rights activists filed legal challenges to Proposition 8, which amended the Constitution to ban same-sex marriage, Brown said he planned to defend the proposition as enacted by the people of California.

But after studying the matter, Brown concluded that "Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification."
Not surprisingly, the Yes-on-H8 side is actively arguing to void my marriage:
Yes on 8 campaign filed a brief arguing that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions. The document reveals for the first time that opponents of same-sex marriage will fight in court to undo those unions that already exist.
This people want to walk into my home and rip the ring off my finger and tear up my license. THey want to forcibly divorce me with the power of the state.. Let's also remember that they Yes-on-H8 people told us they didn't want to hurt us, this wasn't personal, they weren't going to attack those of us lucky enough to marry---more lies. THIS is PERSONAL. THIS is VIOLENT. THIS is HATE.


James said...

IT, nothing will ever invalidate your marriage. The bigots may win a small battle, but you will still be married because it will still be a document in the state capital.

But, you will still be married because God recognizes your marriage

We may have a brief setback, but the day is comeing, and it is not long in the future, when same gender marriage will be the law of the land.

Just hang in there, and remember that a lot of people are on your side. We shall overcome.

All easier said, than done, I know that. We love you and BP

Erp said...

We knew what the H8 people would do; many won't be content till all LGBT people either crawl back into the closet or are on their knees repenting.

One consolation at this time is to think how furious they will be with Jerry Brown's stance. Another is to know that many are supporting you and others in the same boat and not just in the LGBT community.

I also suspect the court will be very reluctant to nullify 18,000 legal contracts. Using the law instead of the courts to dissolve civil marriages is not something they are likely to approve of.

David |Dah • veed| said...

In this related article in the LA Times, something jumped at me from the page.

The law "commands judges -- as servants of the people -- to bow to the will of those whom they serve -- even if the substantive result of what the people have wrought in constitution-amending is deemed unenlightened," they argued.

That flies in the face of everything I know as a Mexican about the US legal system with an independent judiciary and its watershed checks and balances!

David |Dah • veed| said...

Also, how prophetic was this Editorial in the LA Times last Thursday!

Anonymous said...

So, shouldn't marriage be legalized between family members, cousins, etc. too? After all, wouldn't that be fair? Hmm...
In God's eyes you are all his children, but marriage is not in the Bible for homosexuals. Sorry. Legal companions?, go for it. If you have a loving relationship and are dedicated to each other, wonderful.

Marriage is saved for man and woman.
Annie M.