I was surprised to see yesterday that California Attorney General Jerry Brown took to the internet to outline and publicize his argument against Proposition 8. Since the oral arguments in front of the California Supreme Court begin tomorrow, I thought it might be interesting to take a look at some of the legal and political leaders who will be making our argument against Prop 8 known in the coming days. While I knew that he had publicly switched sides on this issue after the election, Jerry Brown’s willingness to write such an eloquent argument and publicize it is worth our attention.

My surprise at reading Brown’s piece didn’t stem from ideology; it’s not at all shocking that he opposes Prop 8 on an ideological basis. Brown, the former Governor of California and rumored future candidate for the same office, has a progressive pedigree unmatched by most Democrats in elected office.  While Governor, he was a strong opponent of the Vietnam War, worked to increase attention to environmental issues, and enacted progressive tax legislation. In 1976 and 1980, he ran quixotic campaigns for the Democratic nomination for President, and drew support mostly from young, progressive members of the Democratic parties.

So I wasn’t surprised because I thought Jerry Brown believed in legalized discrimination. Rather, I found his public argument surprising because he initially took a much more traditional stance on the law. As California Attorney General, Brown originally concluded he was required to defend the laws of his state in court, even if they were enacted by the voters instead of the legislature, and even if he disagreed with their contents. The LA Times reported shortly after the election that “it is usually the attorney general’s duty to defend the state’s laws, including those enacted by the people of California through the proposition process.”

But after further consideration, Brown reached the conclusion that he could indeed oppose Prop 8. He found that, like NCLR is arguing, the changes the proposition represented were a major revision to the state Constitution, rather than just an amendment. Now he’s planning on participating in the case, arguing in opposition to the law in court. It’s a surprising place for an Attorney General to find himself, but also a groundbreaking one.

Also interesting about Brown’s argument is that he never loses site of what this fight is really about. In a piece he posted yesterday on Daily Kos, Brown argues that the decision faced by the CA Supreme Court is simple:

“The case touches the heart of our democracy and poses a profound question: can a bare majority of voters strip away an inalienable right through the initiative process? If so, what possible meaning does the word inalienable have?”

This fight is about the protection of the fundamental equality at the heart of our political system, and I, for one, am thrilled to have a stalwart and courageous ally like Jerry Brown on our side. You can check out his argument at Daily Kos or the Huffington Post, or show your support by following Jerry on Twitter and Facebook.