Another wave of legal arguments filed over California's Proposition 8

[Hepburn]

Another wave of legal arguments hit the California Supreme Court on Monday in the battle over Proposition 8's ban on same-sex marriage.

Local governments, led by San Francisco and Santa Clara County, filed their latest opposition papers to Proposition 8, describing the voter-approved initiative as a "dark moment'' in California history. The brief is an attempt to refute the legal arguments of Proposition 8 backers as the Supreme Court weighs a challenge from government officials, civil rights groups and same-sex couples who are seeking the right to marry.

The San Francisco brief sides with the unique argument raised in December by Attorney General Jerry Brown, who argues that voters did not have the authority to strip away a fundamental constitutional right when they approved Proposition 8 in November. Brown, who ordinarily would be forced to defend state law, argued in his December brief that the state Supreme Court's decision last spring striking down California's prior gay marriage ban established that fundamental right to marry.

Proposition 8 supporters, represented by former Whitewater prosecutor and Pepperdine law school dean Kenneth Starr, also responded with fresh legal arguments Monday, calling Brown's argument an attempt to "declare a constitutional revolution.''

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http://www.mercurynews.com/localnewsheadlines/ci_11373317

Noteworthy: Ken Starr ~~ so perfect for the asshole supporters of Prop H8, IMO.

I have to totally agree with the argument of Jerry Brown: A majority of voters should NOT be allowed and CANNOT be allowed to strip basic civil rights from members of the public by voting their rights away.

What the hell is next? That gays, blacks, women, etc., should not be allowed to vote because the tradition in America established by the Founding Fathers was that our government is run by old white men?