Proposition 8 is Invalid

by Michael Jones · 2008-12-20 06:07:00 UTC
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Proposition 8The California Supreme Court will ultimately have to decide the fate of Proposition 8, but late yesterday, California Attorney General Jerry Brown weighed in with his office's verdict on the matter, and it's a win for supporters of marriage equality.  Jerry Brown's thoughts?  That Proposition 8 was constitutionally indefensible, and it should be overturned.

Kind of makes you wonder why we had to spend over $70 million fighting this battle in the first place, eh?  But it's great to see this ruling come down, especially as anti-marriage equality activists (led by Attorney Ken Starr!  WTF?!) are gearing up to urge the nullification of all gay marriages in the State that took place before Election Day.

Per Jerry Brown's filing with the Court:

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

Geoff Kors, Executive Director of Equality California (EQCA), said that EQCA was pleased that Jerry Brown came out in support of overturning Proposition 8, especially after initially saying he would defend the Proposition once it passed.  "We are very pleased that upon review of the law, he has moved from his previous statements that he would defend Prop 8," said Kors.  "As the state's highest attorney, Jerry Brown has done his job today to defend the Constitution and protect the rights of minority groups, including the more than 18,000 same-sex couples who married in California."

Later today, thousands of LGBT rights activists will gather for "Light Up the Night," a nationwide vigil organized by Join the Impact.  The vigil is meant to remember and commemorate the 18,000 same-sex marriages that took place in California before the vote on Proposition 8, and to call for action that marriage equality be restored in California (and implemented around the rest of the country).  How fitting that "Light Up the Night" happens one day after Jerry Brown's ruling.

To find a vigil location near you, go to Join the Impact's Web site.  For more information on Jerry Brown's opinion made with the California Supreme Court, go to the Web site for the California Attorney General's Office here.

Michael Jones is a Change.org Editor. He has worked in the field of human rights communications for a decade, most recently for Harvard Law School.
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