Gavin Newsom, mayor of San Francisco who made national headlines in 2004 when he challenged California state law by allowing gay and lesbian couples to marry, has quit the governor’s race in California.

Newsom is withdrawing from the Democratic primary amid lackluster poll numbers and meager fund-raising receipts. His withdrawal leaves state Atty. Gen. Jerry Brown, who is expected to run even though he has not officially entered the race, with little opposition in the Democratic primary.

“It is with great regret I announce today that I am withdrawing from the race for governor of California,” Newsom said in a statement. “With a young family and responsibilities at City Hall, I have found it impossible to commit the time required to complete this effort the way it needs to — and should be — done. This is not an easy decision. But it is one made with the best intentions for my wife, my daughter, the residents of the city and county of San Francisco, and California Democrats.”

Although Newsom had been effectively running for more than a year, his campaign never gained much traction. Even in his hometown, which Newsom touted as a model of cutting-edge policies, his candidacy was widely derided among civic insiders.

The events of 2004 which gave Newsom national prominence set off a chain reaction that ultimately led to overturning the gay marriage ban by the California Supreme Court and the ultimate passage of Prop 8.

California Attorney General Jerry Brown and Andrew Pugno, attorney for Protect Marriage appeared on CNN discussing the latest challenge to Proposition 8 recently filed in federal court. Brown filed a brief in support of overturning ban yesterday. Watch:

Today the California Supreme Court heard oral arguments on whether to uphold or strike down Proposition 8. As the hearings wore on it became increasing clear the court seems pre-disposed to letting Prop 8 stand, averse to going against the will of the people, no matter how egregious.

While in general valiantly argued, the case brought forward by AG Jerry Brown’s associate, Christopher Krueger, Senior Assistant AG, didn’t do the LGBT community any favors. Krueger seemed ill-prepared, and his arguments based on cases dating back to the 1800s and the concept of “natural law” didn’t impress the judges. At one point one judge tried to withdraw a question due a muddled answer. It seemed to dilute the arguments to overturn Prop 8 up to that point.

Below are couple of highlights from the hearings…

In this instance Ken Starr is asserting that the will of the voters should hold even when stripping away rights, provided they are well-informed and know what they are voting on. But unfortunately this wasn’t the case. A well-organized misinformation campaign orchestrated by the proponents of Prop 8, duped voters into believing gay marriage would be taught in schools, that it would harm their children and families, and make religious institutions vulnerable to lawsuits. All categorically untrue. In the end we had an electorate, many misinformed and misled, strip away the civil rights of a protected minority.

The court however appears reluctant to invalidate the existing 18,000 same-sex marriages as evidenced below.

It’s interesting that Ken Starr makes a point that Prop 8 doesn’t invalidate the marriages, he simply believes that they are made unrecognized and invalid.

Sorry but, WTF is the difference? Associate Justice Carol Corrigan response at the close of the clip is dead on.

The court will rule in 90 days or less. Regardless of the outcome, we should take to the streets, wether in victory, or take demand our civil rights.

California Attorney General Jerry Brown, who has asked that the courts overturn Proposition 8, writes in the Huffington Post on the eve of the hearing.

The case touches the heart of our democracy and poses a profound question: can a bare majority of voters strip away an inalienable right through the initiative process? If so, what possible meaning does the word inalienable have?

…

Fundamental rights in California are recognized and protected by our constitution, which declares in Article I, Section 1 that “all people are by nature free and independent and have inalienable rights” and “among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”

These fundamental premises of a free people were declared when the constitution was first adopted. The initiative process came much later in 1911, when the immediate concern was to give the people power over the railroads, which were seen as having a stranglehold over the legislature. In creating this initiative process, there was no discussion or any evidence of intent to permit a simple majority of voters to take away the pre-existing rights deemed inalienable by Article I.

In 2008, the California Supreme Court was faced with the question of how the values enshrined in Article I apply to same sex marriages. It concluded that the concept of “liberty” includes the right to form the enduring relationship called marriage and that no compelling interest justified denying this right to same sex couples. Just like the right to be free from discrimination in housing, citizens have the right to be free from discrimination in state-granted marriage licenses.

With this Supreme Court decision, same sex marriage has the protection of Article 1 and, like other inalienable rights, cannot be taken away by a popular vote — whether it be 52% (as was the case in Proposition 8 ) or 65% (as it was for Proposition 14).

I believe, therefore, the Court must conclude as I have that Proposition 8 is unconstitutional and should be stricken.

Oral arguments begin at 9am PST on Thursday, March 5, and can be viewed online here.

Meanwhile Catholics for the Common Good are urging their flock to pray and fast to uphold Proposition 8.

Vigils supporting marriage equality will be taking place throughout the state tonight. Visit www.eveofjustice.com for more information.