In a dramatic reversal, Brown filed a legal brief saying the measure that amended the California Constitution to limit marriage to a man and a woman is itself unconstitutional because it deprives a minority group of a fundamental right. Earlier, Brown had said he would defend the ballot measure against legal challenges from gay marriage supporters.
“The amendment-initiative process does not encompass a power to abrogate fundamental constitutional rights without a compelling justification,” he wrote. “Proposition 8 lacks such a justification.”
While I haven’t reviewed the legal arguments, it’s hard for me to imagine that a right announced just this year is so fundamental that it can’t be changed in the same manner that we generally change the state constitution.
But then, a right first announced just 35 years ago is generally treated as the most fundamental and immutable right of them all. So maybe I shouldn’t be surprised.
Exit question, as the man says: what does this do to Gov. Moonbeam’s 2010 gubernatorial aspirations?