California’s attorney general has changed his position on the state’s new same-sex marriage ban and is now joining forces with homosexual activists to overturn the results of Proposition 8.
In a dramatic reversal, Attorney General Jerry Brown filed a legal brief saying the measure that amended the California Constitution to limit marriage to a man and a woman is itself unconstitutional because it deprives a minority group of a fundamental right. Earlier, Brown had said he would defend the ballot measure against legal challenges from gay marriage supporters.
But Brown said he reached a different conclusion “upon further reflection and a deeper probing into all the aspects of our Constitution.
“It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative,” he said in an interview Friday night. “Based on my duty to defend the law and the entire Constitution, I concluded the court should protect the right to marry even in the face of the 52 percent vote.”
Brown, who served as governor from 1975 to 1983, is considering seeking the office again in 2010. After California voters passed Proposition 8 on Nov. 4, Brown said he personally voted against it but would fight to uphold it as the state’s top lawyer.
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