brown.jpgWhile opposing sides of California’s Proposition 8 ballot measure continue to debate on what could happen if the measure passes, Attorney General Jerry Brown believes that legalized unions performed after May 15 will remain valid.

That’s good news for marriage equality advocates, because it will be Brown’s office that represents the state in lawsuits over Proposition 8’s validity and meaning, should it pass.

“I believe that marriages that have been entered into subsequent to the (May 15) Supreme Court opinion will be recognized by the California Supreme Court,” Brown told The San Francisco Chronicle. Noting that Prop. 8 is silent about retroactivity, he said, “I would think the court, in looking at the underlying equities, would most probably conclude that upholding the marriages performed in that interval (before the election) would be a just result.”

The San Francisco Chronicle reports:

Brown’s legal filing was among a flurry of competing arguments submitted Monday to a Sacramento County Superior Court judge, who is scheduled to hold a hearing Thursday on challenges to the ballot materials that will be sent to California’s 16 million registered voters.

One issue is Brown’s title for Prop. 8, which declares that the measure “eliminates the right of same-sex couples to marry.” The Yes on 8 campaign said in a lawsuit last week that the title was “inherently argumentative and highly likely to create prejudice” against the measure. The campaign asked the judge to order a different title, such as “Limit on Marriage,” which was used during signature-gathering before the court ruling.

Brown defended his ballot language as neutral and accurate Monday, while opponents of Prop. 8 pressed their challenge to a section of the Yes on 8 argument. That argument declares that teachers will be required to tell students as early as kindergarten that “gay marriage is OK” unless the ballot measure passes, a claim that the No on 8 campaign calls baseless.

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