Brown, whose office requires him to defend state laws unless he cannot find reasonable legal grounds to do so, said after Prop. 8 passed Nov. 4 that he would support the initiative before the state’s high court.
But in a lengthy filing today, he argued that the measure was “inconsistent with the guarantees of individual liberty” in California’s governing charter.
“Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification,” Brown said.