The fine folks behind Proposition 8 have filed a brief today asking the California Supreme Court to nullify the estimated 18,000 same-sex marriages that took place before the ban went into affect on November 5.

“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.

Proposition 8’s supporters assert that the Supreme Court lacks the authority or historical precedent to throw out the amendment.

“For this court to rule otherwise would be to tear asunder a lavish body of jurisprudence,” the court papers state. “That body of decisional law commands judges — as servants of the people — to bow to the will of those whom they serve — even if the substantive result of what people have wrought in constitution-amending is deemed unenlightened.”

Attorney General Jerry Brown, will also submit a counter brief maintaining the gay marriage ban cannot be applied retroactively.

Complete story here…

First Rick Warren and now this. What a merry fucking Christmas this is.

UPDATE: Earlier today, Attorney General Jerry Brown issues this release recommending the court to review Prop 8 and that an “immediate stay” should not be granted.

Attorney General Brown Urges California Supreme Court to Review Constitutionality of Proposition 8

FOR IMMEDIATE RELEASE
November 17, 2008
Attorney General Brown Urges California Supreme Court to Review Constitutionality of Proposition 8

SACRAMENTO—California Attorney General Edmund G. Brown Jr. today urged the California Supreme Court to accept review of the legal challenges to Proposition 8 and for this matter of widespread concern to be “promptly resolved.”

“The profound importance of the issues raised by Proposition 8 warrants that this matter be reviewed and promptly resolved by the California Supreme Court.” Attorney General Brown said.

In a set of briefs filed with the Court today, Attorney General Brown wrote that: “review by this Court is necessary to ensure uniformity of decision, finality and certainty for the citizens of California. The constitutionality of the change created by Proposition 8 impacts whether same-sex marriages may issue in California and whether same-sex marriages from other states will be recognized here. There is significant public interest in prompt resolution of the legality of Proposition 8. The Court can provide certainty and finality in this matter.”

Typically, matters are brought before lower courts before the Supreme Court hears the case. However, petitioners have asked the Supreme Court to accept the review directly to bring an early resolution to the matter.

Attorney General Brown opposes a stay on Proposition 8, arguing that it would increase uncertainty related to marriages performed in California. The Attorney General’s brief states that “the public interest would be best served not by issuing a temporary stay, but by an expedited resolution of the important issues raised by the petitions.”

Attorney General Brown continues to believe that same-sex marriages performed between June 17 and November 4, 2008 remain valid and will be upheld by the Court.