California’s Attorney General Jerry Brown has asked the Supreme Court to overturn Proposition 8. His argument is that it is unconstitutional because of the equal rights provision.  It’s an interesting tack for him to take because it negates the need to talk about homosexuality, the sanctity of marriage, or anything that might be considered controversial.  It’s also interesting because Mr. Brown has said that he will uphold the will of the people – a position that disheartened opponents of Prop. 8.  This new challenge to Prop. 8 maybe Mr. Brown’s way of building up support among his base before a gubernatorial run.

Regardless of the motivations, let’s hope that the argument against Proposition 8 is successful.  After all, as the sign on my friend’s house supporting gay marriage said, “we all have the right to be equally miserable.”

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