Calif. Attorney General:
Prop 8 Violates 14th Amendment
Jun 13 2009
Full Original Post, Box Turtle Bulletin
What a contrast between the California Attorney General and the U.S. Department of Justice. On the same day in which the Obama administration filed a brief before the U.S. Supreme Court defending the so-called “Defense of Marriage Act,“ California Attorney General Jerry Brown filed a very different brief in Perry v. Schwarzenegger, the Prop 8 challenge brought by Ted Olson and David Boies.
In the brief filed on behalf of the State of California (PDF: 128KB/11 pages), Brown notes that:
The Attorney General of California is sworn to uphold the Constitution of the United States in addition to the Constitution of the State of California. Cal. Const., art. XX, § 3. The United States Constitution is the “supreme law of the land.” Taking from same-sex couples the right to civil marriage that they had previously possessed under California’s Constitution cannot be squared with guarantees of the Fourteenth Amendment. Accordingly, the Attorney General answers the Complaint consistent with his duty to uphold the United States Constitution, as Attorney General Thomas C. Lynch did when he argued that Proposition 14, passed by the California voters in 1964, was incompatible with the Federal Constitution.
The complaint filed by Olson and Boies (PDF: 140KB/11 pages) is broken down into forty-nine paragraphs. The response by the Attorney General addresses each of the numbered paragraphs in the original complaint. The response begins with a stipulation that California’s Domestic Partnerships are not equal to civil marriage and therefore violates the Fourteenth Amendment to the U.S. Constitution.”