Civil Liberties Edmund G. Brown, Jr. (Jerry) LGBTQ

Jerry Brown Says Prop 8 Not Constitutional. Period.


I’m in DC for the rest of the week,
but as Washington embraces its new president (and the last minute souvenir buyers jam the temporary Obamanalia Obamabilia* stores, some of which, in all seriousness, were open until 2 a.m. to accommodate the frenzied shoppers) I’ve begun turning my eyes back toward California where I note that Jerry Brown, after having been in town for several days worth of inauguration glad-handing, is now back to work challenging federal judges and filing legal briefs.

For instance:

After California’s November election produced the loathsome Proposition 8, Jerry urged the California Supreme Court to review the initiative for its constitutionality.

And, indeed, in short order, as expected the court decided to hear three lawsuits that challenge Prop 8 on Constitutional grounds.

As the wheels of justice move forward, last week, 63 amicus briefs were filed for and against the challenges: 20 supporting the ban on gay marriage, 43 opposing it.

Then late yesterday, Cali Attorney General Jerry filed a pithy response to the 20 briefs filed by Prop 8 supporters.

Referring to his response to the briefs, Brown said that “…the amendment process cannot be used by a bare majority to strip away the fundamental and inalienable rights of a protected minority without a compelling justification. Since there is no compelling justification, Proposition 8 must be stricken.”

I think he’s right. And, after reading Jerry’s response (which you can find here), I think there’s a very good chance that the California Supremes will think so too.

Kenneth Starr, who is one of those leading the legal charge to protect Prop. 8, contends otherwise and says that, “Proposition 8 is a moderate measure that represents a deeply rooted, multigenerational judgment of the people of California about the definition of marriage.” Blah, blah, blah.

The state Supreme Court may begin hearings as soon as March.

PS: When Melissa Etheridge was in town for the inauguration, she told a reporter at Bay Windows, New England’s largest GLBT newspaper, that while they were both in DC Jerry Brown had told her that he was “very, very confident that, in March, Proposition 8 will be overturned.”

Bets anyone?


*Need more sleep soon to avoid making up odd and wrongly-suffixed words.


  • Apparently only Supreme Courts are allowed to amend the Constitution. The amendment process provided for the people produces results they don’t like, so hey, throw it out.

  • I’m going to go out on a limb here and suggest that Obama swag is “Obamabilia”, not “Obamanalia.” I see two precedents for this made up word – “memorabilia”, obviously, and “marginalia.”

    I think the -bilia suffix, especially considering the “memorabilia” examples fairly explicit parallel, is “correct.”

    Perhaps “Obamanalia” references more appropriatley stuff like your blog posts on the inauguration. I.E. your notes at the margins of this auspicious event (noted with all due respect – it’s hard to think of many of us who weren’t at the “margins” of this thing other than Malia, Sasha and, of course, Michelle – I didn’t even see David Axelrod all day.)

    I do kind of like the sound of “nalia” in this context.

    Also, like any insecure pedant obsessing on stuff nobody in their right mind would give a shit about, I offer this headline from the Washington Post – 11/12/08:

    “Obama-bilia Is Job 1 for Museum Curator”

  • This will make Sr. Bablaso very happy, this is an issue very close to Mr. KnowItAll, maybe now he will not be so angry at Woody and Mary Cummins. Don Quackers abuelita has been very understanding of his homosexuality and has comforted his pain with many bowls of wam menudo. Maybe the abuelita will invite Jerry Brown over for menudo.

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