And we only have 9 more Lego sets to build. Oy. Good thing I took the week off.
"We've got 3 stopped up sinks, 2 sick kids, and a bro-ken washing machine!"I kid you not, she actually called me to say that. And well, to be precise, it was 6 days before Christmas. When does the 12 days of Christmas start anyway? 12 days before? 12 days starting on Christmas? I suppose I could just google that and find out, huh?
"Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification," Brown said.
The authors of the state Constitution, he said, did not intend "to put a group's right to enjoy liberty to a popular vote."
"It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative," he said in an interview Friday night. "Based on my duty to defend the law and the entire Constitution, I concluded the court should protect the right to marry even in the face of the 52 percent vote."
Asked about his change of position, Brown said Friday evening that since his initial comments the day after the election, he and senior lawyers in his office had looked closely at the court's precedents and at the recent marriage ruling and concluded they couldn't defend Prop. 8.
"We have a conflict between the amendment power (through voter initiatives) and the duty of the Supreme Court to protect minorities and safeguard liberty," Brown said.
Fundamental rights in the state Constitution, including the right to marry that the state's high court has recognized, "become a dead letter if they can just be amended" by popular vote, Brown said.