California Attorney General Jerry Brown has not only come out in support of repealing Proposition 8, but he’s filed his court papers arguing something Barack Obama‘s Department of Justice didn’t have the balls to do: Admit Prop 8 and the Defense of Marriage Act violate the U.S. Constitution. Might California finally be showing it can lead the equality battle?
While Team Obama was busy defending the government’s pro-DOMA position — and breaking the promises he made to gay Americans &dmash; Brown busied himself with pointing out how the 14th Amendment, which deals with a little thing “equal protection.”
A defendant in Perry v. Schwarzenegger, the DOMA challenge spearheaded by attorneys Ted Olson and David Boies, Brown must respond to each allegation. He did just that, like so:
In response to paragraph 39 of the Complaint, the Attorney General admits that, to the extent that Proposition 8 took from Plaintiffs their previously held fundamental right to marry, the measure violates the Due Process clause of the Fourteenth Amendment to the United States Constitution on its face; and that by denying civil marriage to gay and lesbian same-sex couples that it affords to heterosexual opposite-sex couples, the California Constitution denies gay and lesbian couples and their families the same dignity, respect, and stature afforded families headed by a married couple. See In re Marriage Cases, 43 Cal.4th at 846-47.
. . . .
In response to paragraph 41 of the Complaint, and in light of the state constitutional rights confirmed by the California Supreme Court in In re Marriage Cases, the Attorney General admits that the passage of Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution on its face.
Of course, Gov. Arnold Schwarzenegger also gets to have his say; his response is expected shortly. Should he disagree with his attorney general’s findings, we’d just love to see him try and outdo the reprehensible language Obama’s DOJ spat out. ‘Cause that would be impressive. And disgusting.