State Attorney General Jerry Brown has asked the California State Supreme Court to
void the results of Proposition 8, saying the measure that amended the California Constitution to limit marriage to a man and a woman is itself unconstitutional because it deprives a minority group of a fundamental right. In a brief to the Court, Brown wrote:
The amendment-initiative process does not encompass a power to abrogate fundamental constitutional rights without a compelling justification. Proposition 8 lacks such a justification.
UPDATE: It seems the Fascist fuckers who wrote Prop 8 aren't through yet:
The sponsors of Proposition 8 on Friday argued for the first time that the court should undo the marriages of the estimated 18,000 same-sex couples who exchanged vows before voters banned gay marriage at the ballot box last month. The Yes on 8 campaign filed a brief telling the court that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions. "Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions," reads the brief co-written by Kenneth Starr, dean of Pepperdine Law School.
Yes...THAT Kenneth Starr...he of "let's impeach the President over a blow job" fame...the guy who loves to spend hundreds of millions of taxpayer dollars on creepy bedroom investigations into the private lives of American citizens that have absolutely nothing to do with the general public interest.