Posted by: Dark Defender | December 22, 2008

I liked Jerry Brown once..

I am (former) Governor Jerry Brown my army smiles and never frowns!

I am (former) Governor Jerry Brown My aura smiles And never frowns! Zen Facists will control you! 100% natural, you will jog for the master race! and always wear the happy face. Close your eyes, can't happen here, Big Bro' on white horse is near, The hippies won't come back you say...Mellow out or you will pay, Mellow out or you will pay!!

Im not a big social issues person, not being religious or independently obnoxious enough to think I ought to be using coercion to enforce my morality on others I just don’t have a lot of use for them.  I am a fairly tradition person though and for that reason voted for Proposition 8.  I just don’t see the urgency in changing a Milena old definition of marriage because we some new fangled notion of fairness.  I’m not aware of any culture (even among those who have tolerated or even encouraged homosexual sex) that felt the need to institutionalize homosexual relationships by making them legally equivalent to heterosexual ones.  Why should we be the first? What benefit does society gain from redefining marriage? Indeed other than a warm glowy feeling what benefit does the homosexual couple derive from having the government recognizing their relationship as a “marriage” vs simply being given equivalent rights to straight couples (married and unmarried) via civil unions? I just don’t see one.  The government doesn’t need to be in the business of defining marriage period, people are perfectly capable of forming and maintaining healthy, loving and stable relationships without a government license.

Ok all of that being said why am I writing about this today? Because our illustrious Attorney General Jerry Brown has broke his promise to defend prop 8 (aka the will of the voters) before the State Supreme Court.   Despite not agreeing with him on many things I’ve always respected Jerry Brown and even thought I might be able to vote for him if he tries to reclaim the governors office. 

However he has decided to allow his personal beliefs to interefere with his official duties.

In a December 19 press release, the attorney general said: “Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification.” He thus endorsed the idea that marriage, as it has always been understood, is so grossly contrary to California’s constitutional principles that an amendment protecting that understanding cannot be allowed into the constitution even if duly enacted by voters.

To understand the depth of the betrayal here it is necessary to remember how we got to this point. In May 2008, the California supreme court announced that the state’s constitution contained a hitherto unseen mandate redefining marriage to include same-sex couples. In response, pro-family groups had gathered the requisite signatures to put Proposition 8 on the ballot. This measure would add a definition of marriage as the union of a man and a woman to the California constitution, thus correcting the state court’s misunderstanding of that document.

The California supreme court decided not to wait for the people of the state to weigh in on marriage and allowed licenses to issue to same-sex couples beginning in June. The attorney general also did his part in opposing the amendment by changing the official ballot description from a neutral description (that the amendment would define marriage) to say that Proposition 8 “eliminates the right of same-sex couples to marry.”

On November 4, it became clear that despite every effort by the judicial and political classes of the state to prevent their doing so, California voters had affirmed the principle that our inherited understanding of marriage as the union of a husband and wife deserved constitutional protection.

This is just obnoxious, it isn’t his job to decide which Constitutional Amendments approved by the people he likes, its his job to enforce the will of the people.  This move is undemocratic and smacks of elitism.  If he truly believes that the people are so morally wrong on this issue that he cannot in good conscience execute his duty to defend the people approved amendment, he ought to have the courage of his convictions and resign.  That is what you do when your conscience and your duty conflict, you cite your issue and you resign.  At least that is what honorable people do, dishonorable politicians simply disregard their duty and substitute their personal opinion for the democratically expressed will of the people.

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Responses

  1. My office defended the state law upholding traditional marriage. The Supreme Court rejected this position, by declaring marriage a fundamental right protected by Article I of the California Constitution and by including same sex relationships as eligible for marriage. Given that precedent, I believe our constitution protects the right of same sex couples to get married as a basic liberty right. Unless there is compelling state interest, such a fundamental right cannot be taken away. Yet, the California Supreme Court has already ruled that no such compelling interest exists. Thus, the basis for my brief before the court seeking invalidation of Proposition 8.

  2. I have no idea if the above is the real Jerry Brown or not. Initally I assumed it wasnt, but after doing an IP lookup on the poster it is at least plausible that it is Jerry (or someone working on his behalf) so on the odd chance it really is our AG, im going to allow this comment.

    If its an impersonator shame on you!


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