Prop. 8 Backers Take On AG's Gay Marriage Argument

The Associated Press
Published: Monday, Jan. 05, 2009

SAN FRANCISCO -- The sponsors of California's voter-approved gay marriage ban say Attorney General Jerry Brown is advancing a far-fetched legal theory to justify overturning Proposition 8.

Lawyers for the Protect Marriage coalition on Monday answered the about-face Brown took last month in urging the state Supreme Court to strike down the new marriage law. In a filing with the California Supreme Court, they called his claim that voters lacked the authority to deprive a minority group of a basic civil right "a hoary message" that invites "judicial triumphalism."

The brief comes as part of a series of legal challenges to Proposition 8 brought by same-sex marriage supporters after the ballot measure passed with 52 percent of the vote. Brown initially said he would defend it in his role as attorney general.