THIS... Is How You LEAD !!! - 'Jerry Brown Files Motion To Resume Gay Marriage' - HuffPo

[WillyT]

Wow... an important politician, with a major election fight on his hands, decides to ACTUALLY LEAD...

:wow:

Jerry Brown Files Motion To Resume Gay Marriage
PAUL ELIAS | 08/ 6/10 06:41 PM |

<snip>

SAN FRANCISCO — California Attorney General Jerry Brown filed a motion Friday calling for resumption of same-sex weddings in the state.

Brown filed the motion after U.S. District Judge Vaughn Walker previously overturned Proposition 8, California's voter-approved gay marriage ban.

Walker ruled the law violates federal equal protections and due process laws.

However, he agreed to block gay marriages from immediately resuming until he can consider arguments on whether to keep the ban in effect while its supporters take their appeal to the 9th U.S. Circuit Court of Appeals.

It was unclear when Walker would issue a ruling on that issue.

The outcome in the appeals court could force the U.S. Supreme Court to confront the question of whether gays have a constitutional right to wed.

Currently, same-sex couples can legally wed only in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

California voters passed Proposition 8 five months after the state Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had tied the knot.

Walker presided over a 13-day trial earlier this year that was the first in federal court to examine if states can prohibit gays from getting married without violating the constitutional guarantee of equality.
Story continues below

Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.

Opponents said that tradition or fears of harm to heterosexual unions were legally insufficient grounds to discriminate against gay couples.

<snip>

Link: http://www.huffingtonpost.com/2010/08/06/jerry-brown-files-motion-_n_674064.html

:kick:

[msongs]

1. way to go there Mr. Brown! hope youve started some campaigning too nt

[jgraz]

2. But... his hands are tied... he has to defend the state's law

Oh wait. That only applied to Obama's AG.

[FrenchieCat]

4. The state law is that Gay Marriages in California are legal.

As Prop 8 was overturned by the courts,
so everything goes back to how it was
before the proposition.

Remember? :shrug:

[jgraz]

8. Explain why the CA governor and AG weren't obligated to defend Prop 8

And yet Obama and Holder are somehow obligated to submit horrifically anti-gay briefs in defense of DOMA.

[FrenchieCat]

11. Cause Holder and Obama are bigotted horrid homophobes

and Jerry Brown and Arnold aren't? :shrug:

[jgraz]

15. WHY DO YOU HATE OUR PRESIDENT??!!!!?!?!?!?

:cry:

[FrenchieCat]

17. Not for the same reasons that you do.

[jgraz]

19. OK, you've completely stopped making sense

But, I guess that's easier than having an adult discussion on the issues.

[CreekDog]

20. Did Brown use the arguments that our own Justice Dept. used to defend the law?

I mean the egregious, unacceptable ones?

I don't know if omission or commission led to that, but I believe Brown has shown that you don't need to sell your soul to defend a law.

[treestar]

33. Who defended it in the court that just overturned it?

The court heard both sides. Somebody had to have defended it.

[jgraz]

38. Holy shit. You don't pay attention at ALL, do you?

Look it up yourself. I don't have time to do basic homework like this for you.

[WillyT]

9. Um... He's Running For Governor Of The State That Voted IN Prop 8 !!!

IOW - The MAJORITY of the state's voting public, in a Presidential Election year, said "No" to Gay Marriage.

He needs a majority of off-year election voters (usually higher Republican/Conservative turnout) in order to gain the office he seeks, yet here he is pushing for something that may just anger the voters.

I call that both courage and leadership.

:shrug:

[KamaAina]

13. The MAJORITY of the state's voting public

was bamboozled by a multi-million dollar scare campaign funded by Mormon out-of-state money. For instance, voters were repeatedly exposed to spots threatening them with the dire prospect of schoolchildren being taught about same-sex marriage if Prop H8 didn't pass. All of it bogus, of course.

[WillyT]

18. That May Be True, But...

it doesn't change my original premise.

And... At least he's not playing it careful, like some other important politicians we know...

This morning, senior White House adviser David Axelrod struggled to defend this position on MSNBC. Here's what he said:

"The president opposed Proposition 8 at the time. He felt that it was divisive. He felt that it was mean-spirited, and he opposed it at the time. So we reiterated that position yesterday. The president does oppose same-sex marriage, but he supports equality for gay and lesbian couples, and benefits and other issues, and that has been effectuated in federal agencies under his control. He's supports civil unions, and that's been his position throughout. So nothing has changed."

:wtf:

:banghead:

:shrug:

[dickthegrouch]

29. I don't buy Axelrod's position (or Obama's)

If you look closely at what Biden said in the Vice President's candidate debate and take into account when it was said, it was VERY ambiguous. Even though my initial reaction was pure fury, on re-reading Biden's statement, we could could have made a perfect ad for our side with his words.

The question “Do you support gay marriage?”
BIDEN: “No. Barack Obama nor I support redefining from a civil side what constitutes marriage. "

Since, at the time, same-sex marriage was legal, I told the campaign to put that answer in an ad and give the voice-over
"Don't redefine marriage in California, Vote No on Proposition 8"

Of course, we never saw the ad, the campaign ignored me.

We should be using that clip for all it's worth to destroy the fundies, and force Obama to use that Constitutional scholarship to mean something (hint: equal treatment).

[FrenchieCat]

14. Actually,

I believe those stats have changed just enough since that law passed,
and that what Jerry Brown needs is activated and enthused Democrats
to win. If they stay home, the 99 million dollar candidate
could win.

However, I would believe that he is doing what he is doing also because
he believes in what he's doing, and his position allows him to get her done.

[treestar]

34. The court just overturned it, so that state can go back to the status quo ante

The same state allowed gay marriage to exist in the first place.

[Bluebear]

26. +

[FrenchieCat]

3. Jerry Brown is the current Attorney General of California......

It would be a shame if he wouldn't have done this.

So yes...he is leading in a way that no one else can
considering his current position, and the state that he's from. :thumbsup:

[Wilms]

5. Spot on!

'cept, what's Holder's excuse?

[FrenchieCat]

7. He's not running for office?

and this is a California State Law? :shrug:

[Wilms]

28. I was referring to that which is within the USDoJ's jurisdiction.

Holder ain't no Brown, sadly.

[treestar]

35. That the federal law is different

It's one thing not to agree but quite another to argue that your opposition has no right to argue their case at all.

Another factor is that if they leave it be, it can pop up again, if it goes to court and the court makes a ruling, future Congresses have a precedent they can't ignore.

It's like being against anyone accused of a heinous crime of having a lawyer. Like the lawyer is personally on the side or murder or child molestation by defending one accused of it. The legal system is not a high school clique or something.

[Wilms]

37. As I clarified above...

I was referring to the model advanced where an AG upholds the law.

[arbusto_baboso]

6. And this is publicity that all of Meg's millions can't buy for her.

Count on Brown to use it to the fullest.

He'll make even bigger points investigating the officials of the city of Bell.

[glitch]

30. He's smart and competent (also human). She's rich and nasty (also borg).

California is weird, right now they are neck and neck in the polls. I just hope our SoS has been making progress on cleaning out the election system, the situation is ripe for another rigging.

[TriMera]

10. It's about time that somebody

stood up for us! Good job, Jerry Brown!:toast:

[CreekDog]

21. The guy is interesting

I don't love all his stands or decisions and he IS a politician.

I just like the way he shows that he is unafraid and unashamed.

:applause:

[NorthCarolina]

12. Here's what courage looks like

[valerief]

16. I voted for him in the Dem primary for prez back in the 90s. Would have

loved to see him as prez.

[jgraz]

27. Imagine how different things might have been under President Brown

Almost makes you want to weep, doesn't it?

[glitch]

31. Ain't no almost about it.

The oligarchs would never have allowed it. They still might not, here in CA.

Going to be an interesting election, I hope everyone here is ready for it.

[RUMMYisFROSTED]

39. Suede-denim secret police?

:shrug:

[suffragette]

22. k&r

:applause:

[Poboy]

23. "Let Jerry speak!" -nt

[Duer 157099]

24. So did Schwarzenegger

I think they sort of had to because the judge requested arguements be submitted by today, and since both of them had opted to not defend PropH8, their positions were already known.

:shrug:

[WillyT]

25. Yep... Just Saw That...

:hi:

[treestar]

32. Sounds like a routine part of his job to me

Not that he isn't a good guy.

[EFerrari]

36. No, WillyT is right. From the article:

"The governor and attorney general almost always defend state laws when they are challenged. But in this case, both refused to participate in fighting the lawsuit aimed at overturning the ban."