dexfarkin

As you should all be aware, Proposition 8 in California, the law the bans gay marriage, has been challenged on the idea that gay marriage bans violate the equal protection clause of the 14th amendment. Judge Vaughan Walker of U.S. District Court for the Northern District of California is the presiding judge for the trial, with Ted Olson and David Boies for the plantiff. It's especially interesting since Judge Walker was a Reagan appointee, and Olson is a Conservative legal icon. Olson recently penned a piece for Newsweek on gay marriage and how his principles are directly conflicting with Proposition 8.

When we refuse to accord this status to gays and lesbians, we discourage them from forming the same relationships we encourage for others. And we are also telling them, those who love them, and society as a whole that their relationships are less worthy, less legitimate, less permanent, and less valued. We demean their relationships and we demean them as individuals. I cannot imagine how we benefit as a society by doing so.

http://www.newsweek.com/id/229957

One of the more interesting moments has come from the defense, led by Charles Cooper. Cooper has opted to use similar arguments to support the legality of Proposition 8, including traditional mores, etc. This has not exactly been playing well to the judge.

Walker: If the Prez’s parents had been in Virginia when he was born, their marriage would have been unlawful. Doesn’t that show a TREMENDOUS change in the institution of marriage? doesn’t that show evolution? Isn’t that correct?

Cooper: Racial restrictions were never a feature of the institution of marriage. (laughter in our courtrtoomm)

Cooper: These restrictions were loathesome, and a detail. "Man and woman" has been universal, across time and all societies.

walker: Is the evidence going to show these racial restrictions are different than the restrictions imposed by Prop 8?

Cooper: Naturally procreative instincts....

Walker: Only purpose?

Cooper: Basis of marriage is procreation. It is a pro-child societal institution.

Walker: Many things attend marriage, will your evidence show that those are all secondary to procreation?

Cooper: This is about deinstitutionalizing marriage...

Walker: Yes, you say that. But will your evidence show that?

You can follow the trial here.

http://prop8trialtracker.com/