Jerry Brown Proposes a New Theory Against the Validity of Proposition 8

12/21/08: New York Law School Professor Arthur S. Leonard summarizes and assesses issues raised in the briefs filed on 12/19/08 by California Attorney General Jerry Brown and Yes on 8 counsel Kenneth Starr. Professor Leonard finds no precedent for Brown's argument that Prop. 8 should be overturned because it violates the state constitution's guarantee of fundamental liberty.