California's top lawyer makes case to overturn Proposition 8

12/22/2008 | Los Angeles Times (tiered subscription model)

California Attorney General Jerry Brown is supporting legal efforts to validate the estimated 18,000 same-sex marriages on the books and overturn the voter-approved Proposition 8 marriage ban. Brown, in a 111-page legal brief, called on the state high court to reverse the ban on the grounds that the amendment system "cannot be used to extinguish fundamental constitutional rights without compelling justification." Anti-marriage activists, whose legal team includes former U.S. Solicitor General Kenneth Starr, have asked the court to use the ban to nullify the existing marriages between gay and lesbian couples.

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