On June 26, 2015, The United states Supreme Court ruled that same sex marriage i

Question

On June 26, 2015, The United states Supreme Court ruled that same sex marriage is a constitutional right and will be aloud in all 50 states of the Union. States Supreme Court ruled on the CA Proposition 8 that was approved by the CA voters in November 2008 Presidential Election. Find out how CA Proposition 8 affected, if any, the U.s Supreme Court decision of June 2015. Research the topic on line but do not copy your answer from any sources. Your submission must be in your own words. 200-250 words only, no more, no less. n June 2013, the United

Explanation / Answer

Among the many legal opinions on Proposition 8 that the California Supreme Court will consider, the most high-profile one will come from Atty. Gen. Jerry Brown. By Friday, Brown is supposed to deliver his legal brief on whether the initiative banning same-sex marriage is an amendment to the state Constitution or, as opponent’s claim, a fundamental revision of it, which would require far more than a simple majority vote to take effect.

Certainly, Proposition 8 is not a wholesale rewrite of the state Constitution. The question is whether fundamental change has to mean extensive and elaborate change, or whether it's enough that a ban on marriage deprives a group that has long been a target of discrimination of an essential constitutional right.

The question deserves a well-considered answer by the court -- and an honestly rendered argument from Brown. If Brown deems Proposition 8 an unconstitutional revision, the state deserves better than a pro-forma argument defending it simply because that's what his office has usually done -- just as Brown should defend the measure vigorously if, in his opinion, it is an amendment, even though he opposed it before the election

Though it's the less common path, there are precedents in which attorneys general have taken a stance on constitutional grounds, rather than on the idea that they must defend the will of the voters no matter their own legal beliefs.

Californians on both sides of the marriage debate deserve an equally principled argument from Brown.

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