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November 18, 2008

California AG Urges Court to Hear Marriage Cases

California attorney general Jerry Brown urged the state supreme court to review legal challenges to Proposition 8, according to his statement on Monday. Brown said that the court's ruling was necessary to ensure that all state agencies are cohesive in enforcing laws and policies.

"There is significant public interest in prompt resolution of the legality of Proposition 8," said Deputy Attorney General Mark Benington in a statement. The supreme
court could choose to issue a stay on Prop. 8, thus halting its enforcement until the court rules on the ballot measure's constitutionality. Unless a stay or a ruling is handed down, Prop. 8 is legal and gay couples have no legal right to marriage in the state. 

Lower courts typically hear cases before the supreme court agrees whether to review them, but petitioners have asked the state's highest court to directly accept the review, in order to promptly resolve the issue.

Brown told the San Francisco Chronicle in August that if Prop. 8 were to pass, he believed that same-sex marriages performed before its passage would be found valid by the courts. (Michelle Garcia, The Advocate)

Keywords:  Prop 8 
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Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: mark
    Date posted: 2008-11-18 3:22 PM
    Hometown: rochester

    Comment:

    In talking about same sex marriage as a civil right i think we need to remind Americans of the language the US Supreme Court used in it's 1967 Loving vs Virginia decision (striking down laws prohibiting mixed race marriage); "...marriage is one of the basic civil rights of man..." Similar language defining marriage as a civil right has been found in several other Supreme Court decisions since (including marriage rights for federal prisoners).


  • Name: Chris Sullivan
    Date posted: 2008-11-18 2:55 PM
    Hometown: Chicago, IL

    Comment:

    No group of citizens should be able to advance a Proposition to withdraw civil (not religious) rites from any other group of citizens. This is exactly the kind of issue that the high court should address and do so forcefully. This sets a very bad precedent for the use of Propositions when one group of people can write discrimination into law against another group of people. The bottom line is that this vote should not have been allowed to be taken place in the first place. If this were the GLBT community attempting to force a religion to perfom a religious wedding ceremony, that would be entirely different - but that is not the case. There MUST be a REAL separation of church and state in our country - otherwise, these issues are going to get out of hand and these religious extremists won't be content until we are all conforming to their beliefs - as sad and scary thought at best.


  • Name: Carol
    Date posted: 2008-11-18 2:24 PM
    Hometown: MO

    Comment:

    We as American citizens are all equal under our Constitution of the land. The GLBT Americans are entitled to this equality. They are all ages, races, professions, and jobs that are contributing to the economy of the United States and they all pay taxes. The Churches and their beliefs should argue their problems about GLBT among themselves and stay out of America's Government's business. Seperation of government and religion is a necessary requirement to live peaceable together in a diverse nation of America.


  • Name: Carol
    Date posted: 2008-11-18 2:16 PM
    Hometown: MO

    Comment:

    We as American citizens are all equal under our Constitution of the land. The GLBT Americans are entitled to this equality. They are all ages, races, professions, and jobs that are contributing to the economy of the United States and they all pay taxes. The Churches and their beliefs should argue their problems about GLBT among themselves and stay out of America's Government's business. Seperation of government and religion is a necessary requirement to live peaceable together in a diverse nation of America.


  • Name: Carol
    Date posted: 2008-11-18 2:14 PM
    Hometown: MO

    Comment:

    We as American citizens are all equal under our Constitution of the land. The GLBT Americans are entitled to this equality. They are all ages, races, professions, and jobs that are contributing to the economy of the United States and they all pay taxes. The Churches and their beliefs should argue their problems about GLBT among themselves and stay out of America's Government's business. Seperation of government and religion is a necessary requirement to live peaceable together in a diverse nation of America.


  • Name: Tricia
    Date posted: 2008-11-18 1:56 PM
    Hometown: Sacramento

    Comment:

    I am stressing out daily until I hear a decision. But the wrong decision will kill me, so I am just stressing out!!!!


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