California AG files admission that Prop 8 is unconstitutional

by on June 13, 2009  •  In Constitutional law

California AG Jerry Brown filed an answer Friday in Perry v. Schwarzenegger containing the following statement:

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. … 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. Reitman v. Mulkey, 387 U.S. 369 (1967).

In Reitman, the U.S. Supreme Court invalidated on federal constitutional grounds a California constitutional amendment (Prop 14) adopted in a voter referendum that barred the state from prohibiting a property owner from refusing to sell or rent to any person. 

Brown's action essentially guarantees that the Alliance Defense Fund will be granted intervenor status and will be the party that defends Prop 8. So It's going to be ADF lawyers versus David Boies and Ted Olson. Stay tuned.


One Response to California AG files admission that Prop 8 is unconstitutional

  1. Darren Hutchinson June 14, 2009 at 5:27 AM


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