California Proposition 8: Incompetent Attorney General Jerry Brown costs California millions of dollars -- wants to become the next governor ...
Chief law officer of California …
Jerry Brown, as the California Attorney General, is duty bound by the California Constitution to uphold the laws of California.
CALIFORNIA CONSTITUTION (ARTICLE 5 EXECUTIVE SEC. 13.)
“Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. <Source>
California Proposition 8
This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.
This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
SECTION 1. Title
This measure shall be known and may be cited as the “California Marriage Protection Act.”
SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:
SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California. <Source>
The people have spoken …
The people of California, in an election which overwhelmingly saw liberal politicians and causes winning, declared that the term “marriage” should indicate a union between a man and a woman. Nothing concerning the revocation of previous marriage licenses or touching on the rights of those engaged in a civil union were proposed.
Eliminates Right of Same-Sex Couples to Marry
Yes - 6,838,107 (52.3%)
No - 6,246,463 (47.7%)
Jerry Brown cannot plead ignorance of the fundamental issues …
Jerry Brown and the California State Attorney General’s office had ample time to study all of the ballot provisions and to eliminate any non-conforming propositions from the upcoming ballot. The Office was involved in re-wording the title and description of Proposition 8
“In late 2008-JUL, the office of Attorney General Jerry Brown issued the final wording for the title and the wording of Prop. 8 that will appear on the November ballot:
The title was changed from ‘Limit on Marriage Constitutional Amendment’ to ‘Eliminates Right of Same-sex Couples to Marry.’
The summary now reads: ‘Changes California Constitution to eliminate right of same-sex couples to marry. Provides that only a marriage between a man and a woman is valid or recognized in California.’" <Source>
Again, at this point in time, Jerry Brown had an adequate opportunity to review Proposition 8 and the difference between an amendment and a revision:
- Amendments are minor changes that only require 50% or more support by the voting public to pass.
- Revisions are major changes that would significantly change the constitution. They require approvals from both the voters and the legislature.
Had Jerry Brown done his job properly and determined that Proposition 8 actually represented a revision and not an amendment, millions of dollars in campaign expenses would have been saved and California would not be facing a wave of gay activist outrage leading to unruly and unacceptable behavior of gay protesters.
According to the Attorney General’s Office …
“Attorney General Brown Urges California Supreme Court to Invalidate Proposition 8”
“Sacramento – Attorney General Edmund G. Brown Jr. today called upon the California Supreme Court to invalidate Proposition 8 because it deprives people of the right to marry—an aspect of liberty that the Supreme Court has concluded is guaranteed by the California Constitution.”
“ ‘Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification,’ Attorney General Brown said.”
“In this case, Attorney General Brown concludes that existing case-law precedents of the Court do not invalidate Proposition 8 either as a revision or as a violation of the separation-of-powers doctrine. But this does not resolve the matter.”
“In the In re Marriages Cases, the Court held that article I, section 1 of the California Constitution provides a right to marry that cannot be denied to same-sex couples. Attorney General Brown argues that in order to invalidate such a fundamental right, the Court must determine that there is a compelling justification to do so. But in the In re Marriage Cases, the court found that no such compelling justification exists. Accordingly, Proposition 8 must be stricken.
Attorney General Brown believes that same-sex marriages entered into between June 16 and November 4, 2008 are valid and recognized in California regardless of whether Proposition 8 is upheld.”
Why is Jerry Brown apparently pandering to the gay lobby?
Politics. Pure and Simple. He is pandering to a far-left, liberal democrat base that is centered in and around San Francisco (coincidently, the home base of another potential candidate now Senator Diane Feinstein)
“(03-29) 13:26 PDT SAN JOSE -- Former Gov. Jerry Brown dropped a broad hint Saturday to more than 1,000 Democratic activists that he's looking at a run for governor in 2010.”
" ‘I don't do much today but sue people,’ the attorney general told the delegates at the state Democratic convention in San Jose. ‘But hopefully someday I'll get around to doing a little more than that and maybe you'll help me.’"
“Brown downplayed the statement in an interview after his speech, but didn't deny he's interested in an unprecedented third term.”
" ‘You can't read too much into the tea leaves,’ he said. ‘But I can say I'm not not looking at it.’"
“Brown isn't the only Democrat taking an early look at the governor's race.” <Source>
By courting prominent gays, including gay billionaires, Brown may be hoping to jumpstart his 2010 governor’s campaign.
What can YOU do?
The State of California is fond of reminding you that anything which requires a license, e.g. driver’s license, represents a “privilege” not a right. In fact, there does not seem to be any specific constitutional right, either state or federal, regarding marriage. The concept of “civil union” serves to protect the rights of gays as it confers exactly the same rights and privileges that are conferred under the concept of marriage. And I see nothing wrong with issuing “civil union” permits and holding “civil union” ceremonies. And letting attorneys get their pound of flesh in “civil union” divorces. Therefore, it is hard to press a constitutional challenge where none exists.
As far as I can tell, the issue is not really one of rights – but one of legitimizing gay marriage as being the equivalent of straight marriage. Or a re-definition of the word “marriage.”
And the whole issue is being manipulated and demagogued by politicians and others as the perfect issue to encourage fund raising and political activism.
As for Jerry Brown, had he done his job properly in the first place, the election costs, and now court costs, involving Proposition 8 would not be further impacting our already astronomical budget deficit. Brown appears to be a committed ideologue who is a political pragmatist.
I had much more respect for his dad who ushered in an era of infrastructure projects which helped make California Golden. The son, already nick-named “Governor Moonbeam” for his past service is one of those political opportunists who should be retired ASAP.
Quote of the day: “Americans detest all lies except lies spoken in public or printed lies.” -- Edgar Watson Howe
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“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell “Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar “Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell
“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar
“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS