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Jerry Brown Pulls A, Well... A Jerry Brown

December 19, 2008 - 11:23pm

California Attorney General Jerry Brown, who supports same-sex marriage, had appeared to be legally obligated to defend the Prop 8 ban on such marriages in an appeal. Such a defense would appear to be his constitutional duty; attorneys general defend laws. And Brown had said he would do just that.

But, just before the deadline for the attorney general to file arguments with the state supreme court, Brown did something different. His office's brief doesn't defend Prop 8. It says it should be overturned, and offers a novel legal theory for how the court might do that. The LA Times has a story here. In it, Goodwin Liu, associate dean and professor of law at UC Berkeley's Boalt Hall School of Law, calls Brown's action "extraordinary" and says: "The chief law enforcement officer of the state is charged with enforcing laws, even laws with which he disagrees."