This weekend CA Attorney General Jerry Brown asked the CA Supreme Court to void Proposition 8 because it is unconstitutional. The attorney general must defend the laws of California. Yet Brown says Prop 8 makes his job impossible, because the amendment contradicts another part of the state Constitution: the equal protection clause.
Right after 52 percent of voters passed the gay marriage ban, Brown claimed he would uphold the will of the voters, and when the Court legalized same-sex marriage earlier this year, Brown had argued against it. But now, Brown says:
"Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification."
Brown thinks that in the conflict between the people's amendment power, and the court's duty to protect minorities and liberties, the court's duty should prevail. What do you think?