California AG Jerry Brown has shifted his position on Proposition 8 in a stunning reversal of his previous stance on the issue. He has filed a brief with the California Supreme Court urging them to void the ballot initiative. Read more, see photos and a video below.

Oh, dear attorney general, what hast thou done? Previously you said you would uphold the decision of the people. Now, upon “further reflection�? you have waffled like a fat guy standing up in a canoe.

If there was a problem with Prop 8, why didn’t he challenge it before it went on the ballot? Now he is taking the position that the “inalienable�? rights in California’s declaration of rights, override the people’s majority opinion. In his own words:

“It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative. 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.”

The problem is two fold. First, the guarantee of basic liberty and the right to marry, in the California Constitution, has to be interpreted using the correct definition of marriage. If a right to marriage exists, you have to ask what marriage means. Marriage is a union between a man and a woman. The gay/lesbian community are trying to change that definition. In the meantime, the constitution only protects the accepted definition. You can’t simply go around changing the definition of words in the constitution, so that it fits your needs.

The second part of the problem is that the California Supreme Court has already screwed this up. Their erroneous ruling sparked the need for Prop 8 in the first place. The court ruled that marriage couldn’t be excluded from a “class�? of people, thus gays must be allowed to marry. My counter argument is that they have always been allowed to marry. Under the accepted definition of marriage, any man can marry any woman. Thus gays are free to marry people of the opposite sex. NO EXCLUSIONS HERE. For reasons I cannot fathom, the court saw fit to change the definition of marriage.

The ruling creates a problem for Prop 8. Since the court has recognized marriage as including unions between people of the same sex as protected under the constitution, a majority on a ballot initiative cannot change that. The only way Prop 8 stays law is if the California Supreme Court backtracks on their earlier decision. I just don’t see that happening.

So don’t expect to see Prop 8 being upheld. Even though gay marriage, in truth, isn’t a fundamental right, the court has made it such. It ranks up there with the most blatant cases of intellectual dishonesty in the history of court decisions. Shame on them.

Finally, let me just say that I love gays and lesbians. They are some of the coolest people I know. This isn’t hate. This isn’t a religious argument. It is a legal one. I hope that homosexual couples are happy and get recognition of civil unions. I’m one who is of the opinion that people should be allowed to do what they want, so long as it doesn’t hurt others. It’s not the governments job to tell people what to do in their personal lives. Still, I just don’t find the constitutional arguments for a right to gay marriage convincing from a legal standpoint.

Prop 8 is an attempt to fight back at an over activist court. To all the homosexual folks out there, stop hating on people for this. It isn’t about you. You need to win your battle in the court of public opinion, not cheap shot your way through the courts. Try winning the hearts and minds of the people.

Jerry Brown Prop 8 Video