| The Yes on 8 campaign wants to invalidate 18,000 same sex marriages - they've filed a brief with the California Supreme Court to that effect today.
With Ken Starr - yes, that Ken Starr - as their lead counsel:
The sponsors of Proposition 8 asked the California Supreme Court on Friday to nullify the marriages of the estimated 18,000 same-sex couples who exchanged vows before voters approved the ballot initiative that outlawed gay unions.
The Yes on 8 campaign filed a brief arguing that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions.
"Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions," reads the brief co-written by Pepperdine University law school dean Kenneth Starr, the former independent counsel who investigated President Bill Clinton....
The measure's backers announced Friday that Starr, a former federal judge and U.S. solicitor general, had signed on as their lead counsel and would argue the cases.
Aside from the horrific nature of this, and the irony in Ken Starr's involvement, it's also a pretty important opportunity to communicate to California just what Prop 8 does. It divorces 18,000 couples. Many Yes on 8 supporters lied to themselves and their families, saying that they weren't hurting anyone, just trying to protect families from teh gays. Well now the mask comes off, and this really is about making a whole lot of people suffer.
UPDATE by Brian: As Be_Devine pointed out in November, Jerry Brown is not bound to defend Prop 8. Back then, Brown was saying that he was going to defend it in the courts. Today, the AG announced that he submitted a brief opposing Prop 8, saying that it should be struck down on the amendment/revision grounds. (h/t to AmericanRiverCanyon in the comments)
UPDATE 2 by jsw: We are also hearing reports that the Yes on 8 campaign is saying that the court made them attack current marriages in this brief. That's not true. The sum total of the language demanding briefing on this issue in the Supreme Court's show cause order of November 19 is this:
If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?
Nothing in that question required the Yes on 8 campaign to argue that the state should forcibly void the marriages of people who are currently married. Ken Starr, now the primary legal representative of the anti-justice forces behind Yes on 8, is merely making public the true agenda of the leaders of the Yes on 8 campaign: gay people should not have equal rights before the law, and the rights they do have should be taken away. It's just that simple, and everything else they said during the campaign was basically a lie. |
