Normally, a state’s attorney general defends state legislation. But in the case of California’s recently-passed Proposition 8, which took away the right to same-sex marriage after the California Supreme Court paved the way for it last spring, that’s not the case. California’s Attorney General, Jerry Brown, has asked the California Supreme Court to overturn the proposition.
“Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification,” Brown said in a press release.
According to The Los Angeles Times, Brown initially said he would defend the proposition against challenges by gay rights activists. But after more closely examining the issue, he said he came to the conclusion that initiative amendments should not be allowed to overturn “inalienable” rights of people — which are what he said the Supreme Court previously determined marriage to be, for both gay and non-gay people alike.
In his brief filed with the court, the LA Times reported, Brown said to allow Proposition 8 to stand would amount to a “tyranny of the majority”:
…to use the ballot box to take away an “inalienable” right would establish a “tyranny of the majority,” which the Constitution was designed, in part, to prevent, he wrote. “For we are talking, necessarily, about rights of individuals or groups against the larger community, and against the majority — even an overwhelming majority — of the society as a whole.
Brown is a former California governor who is said to be considering another run for that office in 2010.