Jerry Brown, former Presidential candidate and current attorney general for California, is asking the supreme court there to invalidate the Prop 8 gay marriage ban voters just passed.
Brown's reasoning,
"the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification.
(this ban) presents a conflict between the constitutional power of the voters to amend the Constitution, on the one hand, and the Constitution's Declaration of Rights, on the other,"
No Jerry, marriage is a right granted by God and recognized by religious organizations, to legitimize children. Marriage is not a right granted or taken away by state law. There is no 'inalienable' (his word) right to have your marriage recognized.
State law only applies to the tax benefits which may or may not be attached those laws. If voters (a.k.a. tax payers) don't wish those benefits be afforded to non-traditional marriages, they are entitled to put on such restrictions.
By Brown's logic (eh-hem) a California citizen is entitled to marry his/her dog and the laws of the Golden State would have to recognize it.
This issue, as with all gay-marriage initiatives, is simply about getting money; getting the tax-break. It's got nothing to do with equal rights or alternative lifestyles being legitimized.
The people of California have spoken on the issue, but the losers can't accept it.
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