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December 23, 2008


It's a very rare occurrence when a sitting state attorney general reverses his own position and argues against his state's legislature and a voter approved initiative. But that's what just happened.

When the successfully passed Proposition 8 was challenged and sent to the State Supreme Court, California Attorney General Jerry Brown vowed that he would defend the ballot measure on behalf of the state.

Well, according to a story published last Friday in the Sacramento Bee, Brown filed a legal brief with the court stating that the California constitutional amendment measure to limit marriage to a man and a woman is itself unconstitutional because it deprives a minority group of a fundamental right.

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."

The litigation over Proposition 8 is shaping up, Brown said, as a high-stakes conflict between the electorate's right to direct democracy and rights of minorities to equal treatment.

This whole election cycle is proving to be an intense, emotional roller coaster ride for our entire community.

From the elation of Obama's election to the disheartening successes of Props 8, 2 and 102. From earnest and excited hopes, fueled by politically leaked rumors, for GLBT inclusive participation in Obama's administration to the disappointment of having none of our cabinet level candidates appointed. Then hearing the incredibly frustrating news that an extreme anti-gay, rightwing religious fanatic was chosen to deliver the inaugural invocation. And now, to this latest, and welcomed move by Attorney General Brown that, once again, raises our hopes. This time for a Proposition 8 Supreme Court reversal.

It's amazing to me that so many of us even still care about politics anymore. But we do. Because we have to. It's our lives were talking about here and I'll be damned if I'm going to let this affect my drive and determination to FORCE FULL AND INCLUSIVE EQUAL RIGHTS for our community!

Ever seen a bipolar, schizophrenic gay person get mad? Trust me, you really don't want to!