Attorney General Jerry Brown Responds: Urges California Supreme Court to Review Prop. 8. Does NOT Recommend Immdediate Stay.
November 17, 2008 by Johnny California
Filed under Uncategorized
AG Brown urges court to review Prop 8, does not recommend that the “immediate stay” be grated. Here’s the press release.
UPDATE: We read the briefs that the Attorney General’s Office submitted to the court — we have nothing more to say. If people start freaking out that Jerry Brown didn’t recommend granting the “immediate stay”, we’ll chime in (but people shouldn’t freak out, it was the right recommendation).
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.
RELATED POSTS: What is an “Immediate Stay”? and Why Did The Court Ask Jerry Brown to Respond to the Prop 8 Lawsuit?
I am not a lawyer but do work in law enforcement and have a few lawyer friends. One of them told me that a “Request for an Immediate Stay” means;
Your asking the court to put a stop order on the implementation of a new law pending some other proceeding or review. In other words you are asking the court not to put this into affect until some other proceeding or review can determine if the law can or cannot legally be put into effect.
It does not settle the case it stops it until some other proceeding or review determines one way or another to uphold or dismiss the case.
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