On yesterday’s Huffington Post, California Attorney General and former governor Jerry Brown called for the Supreme Court to strike down Prop 8, writing that there is precedent in the 1960s CA Supreme Court ruling that overturned Prop 14 — which had made racial discrimination in housing legal.
Brown’s arguments differ slightly from the main argument being presented at tomorrow’s oral arguments (see Gay Marriage On Trial – What You Need To Know Cheat Sheet) although his words are just as compelling:
The California Supreme Court finds itself center stage this Thursday when it will hear oral arguments on whether it should uphold Proposition 8’s ban on same-sex marriage.
The case touches the heart of our democracy and poses a profound question: can a bare majority of voters strip away an inalienable right through the initiative process? If so, what possible meaning does the word inalienable have?
The state faced a dilemma like this before. In 1964, 65 percent of California voters approved Proposition 14, which would have legalized racial discrimination in the selling or renting of housing. Both the California and U.S. Supreme Courts struck down this proposition, concluding that it amounted to an unconstitutional denial of rights.
As California’s Attorney General, I believe the Court should strike down Proposition 8 for remarkably similar reasons — because it unconstitutionally discriminates against same-sex couples and deprives them of the fundamental right to marry.
. . . same sex marriage has the protection of Article 1 and, like other inalienable rights, cannot be taken away by a popular vote — whether it be 52% (as was the case in Proposition 8) or 65% (as it was for Proposition 14).
Did someone say, “Civil rights are civil rights?” Sure did. How much do I love this?
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