{ State Attorney General Urges Supreme Court to Keep Proposition 8 in Effect During Review }

Attorney General Jerry Brown

Attorney General Jerry Brown

The Sacramento Bee reported yesterday that State Attorney General Jerry Brown has urged the CA Supreme Court to keep Proposition 8 in effect while they review law suits. Same-sex marriage proponents are upset that Proposition 8 drastically changed the state Constitution, because as this article suggests, only the Legislature can place this type of measure before voters. I think that everyone was aware of the intention of Proposition 8, and voters voted in favor of it, over 50%, and Prop 8 was allowed on the ballot. The time to dissect and analyze whether or not it was legal was way before now……The people have already spoken!

Jerry Brown: Keep Proposition 8 in effect for review
By Aurelio Rojas
Published: Monday, Nov. 17, 2008

State Attorney General Jerry Brown today urged the California Supreme Court to review legal challenges to Proposition 8, but steered clear of taking a position on the gay marriage ban measure approved by voters.

In a written responses to three lawsuits seeking to overturn the initiative, Brown’s office said the state’s highest court should allow the measure to remain in effect during the review period because of the confusion that a stay of the measure would cause.

“Due to the potential uncertainty that may be caused in important legal relationships by a temporary stay, the public interest would be better served by allowing Proposition 8 to remain in effect while expediting briefing,” the Attorney General’s Office said in its response.

Brown, whose office is supposed to defend the initiative, was asked by the Supreme Court last week to respond to the lawsuits that seek to overturn the voter-approved amendment to the state constitution.

Opponents of measure contend the initiative process was improperly used because only the Legislature can place a measure before voters that radically revises the state constitution.

They also maintain that Proposition 8 would undo the constitution’s commitment to equality for everyone.

The court may act on the lawsuits as early Wednesday, when the justices hold their weekly conferences.

The sponsors of the measure, which has ignited a wave of protests nationwide, today urged the court to accept jurisdiction for the suits and render a decision as quickly as possible.

“The people of California are entitled to prompt resolution of whether Proposition 8 properly amended their consitution,” Andrew Pugno, an attorney for the Yes on 8 campaign, said in a statement.