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California Attorney General Tells Court Prop 8 Is Unconstitutional

Jerry Brown, California’s attorney general, files a brief with the district court arguing that Proposition 8 violates the Fourteenth Amendment of the U.S. Constitution, and telling the court he will not defend the statute on these grounds.  In doing so, he points to a similar course taken by Thomas C. Lynch, who as California’s Attorney General refused to defend Proposition 14, a 1964 initiative that allowed for racial discrimination in the sale and rental of property.  Prop 14 was struck down by the California Supreme Court in 1966 and the U.S. Supreme Court in 1967.

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