California Atty. Gen. Jerry Brown once again refused to defend Proposition 8′s ban on same-sex marriage Friday, telling a federal judge that it violated the U.S. Constitution and should be struck down.

Brown made his arguments in response to a federal lawsuit against the state by two gay couples who contend the initiative violates federal due process and equal protection guarantees.

Over Brown’s opposition, the California Supreme Court upheld the proposition last month on state, not federal, constitutional grounds, a few days after the federal suit was filed in San Francisco.

Brown’s willingness to fight a state law that has been upheld by the state’s highest court contrasted sharply with President Obama’s decision this week to oppose a federal challenge to the U.S. Defense of Marriage Act brought in Orange County.

In that case, a married gay couple, Arthur Smelt and Christopher Hammer, has challenged the constitutionality of both Proposition 8 and the 1996 federal law that prohibits extension of federal benefits to same-sex couples.

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