|
|
|
|
By Brody Levesque (Washington DC) Jan 11 | Opening arguments & statements were heard today in San Francisco in the federal courtroom of Chief U.S. District Judge Vaughn R. Walker over the highly anticipated Prop 8 anti-gay marriage ban in California, approved by that states voters in November of 2008.
Judge Vaugh peppered lawyers on both sides with questions earlier today, asking if they had evidence that the Constitution grants Gays the right to marry and if states have a reasonable right to deny those marriages.
According to Associated Press correspondent Lisa Leff, Walker asked how Proposition 8 could be discriminatory since California already allows domestic partnerships that carry the same rights and benefits of marriage.
"If California would simply get out of the marriage business and classify everyone as a domestic partnership, would that solve the problem?" the judge asked.
Leff writes that in reply, former U.S. Solicitor General Theodore Olson, who represents two same-sex couples who filed the suit, answered that he did not think such a move would be politically feasible.
"I suspect the people of California would not want to abandon the relationship that the proponents of Proposition 8 spent a tremendous amount of resources describing as important to people, and so important it must be reserved for opposite-sex couples," he said.
During the opening statements, Walker also had asked Olson why the courts shouldn't stay out of the gay marriage debate for now and allow the political process to determine marriage laws.
"Because that is why we have the courts," Olson replied. "And that is why we have the Constitution. ... And that is why we are here today."
Conversedly, Charles Cooper, the lead attorney defending Prop. 8, argued repeatedly that marriage is fundamental institution for natural procreation, even if not all marriages lead to child-rearing.
“Marriage is essentially the sexual embodiment of the man and the woman who formed the marital union. It is that sexual embodiment that defines the institution. While the people of California have been steadfast in their defense of marriage, they have also been generous in their extending of the rights and benefits and protections of marriage to the gay and lesbian population," Cooper said.
He also noted that President Barack Obama doesn't support legalising gay marriage, a remark that prompted Judge Walker to note that Obama's own parents would not have been allowed to get married in some states before the Supreme Court overturned state bans on interracial marriage in 1967. Cooper urged the court to take a wait-and-see approach.
Regardless of the outcome of the case, it's likely to be appealed to the U.S. Supreme Court, where it ultimately could become a landmark that determines if gay Americans have the right to marry.
About 100 people demonstrated outside the federal courthouse. Most were gay marriage supporters who took turns addressing the crowd with a microphone. About a dozen gay marriage foes stood in the back of the gathering and quietly held signs demanding the ban remain in place.
Two hours before trial was scheduled to start, the high court blocked video of the proceedings from being posted on YouTube.com. It said justices need more time to review that issue and put the order in place at least until Wednesday.
Over the weekend, Proposition 8's sponsors sought to block YouTube broadcasts. Chief U.S. District Judge Vaughn R. Walker, who is overseeing the trial, had approved the plan last week, saying the case was appropriate for wide dissemination because it dealt with an issue of wide interest and importance.
Rick Jacobs, chairman of the Courage Campaign, a Los Angeles-based gay rights organization, said supporters of same-sex marriage were disappointed with the decision to bar cameras and called on the high court to lift its ban Wednesday.
"It's time that the debate about marriage equality is seen for what it is - a debate over the rights of our friends and families to live their lives freely," he said.
At trial, Walker intends to ask lawyers on both sides to present the facts underlying much of the political rhetoric surrounding same-sex marriage. Among his questions are whether sexual orientation can be changed, how legalizing gay marriage affects traditional marriages and the effect on children of being raised by two mothers or two fathers.
Witnesses for Proposition 8 backers will testify that governments historically have sanctioned traditional marriage as a way to promote responsible child-rearing, and that this remains a valid justification for limiting marriage to a man and a woman.
|
|
|
|
|
|
|
saben
|
 |
On fire! |
Registered: May 2003
Messages: 1537
|
|
|
"If California would simply get out of the marriage business and classify everyone as a domestic partnership, would that solve the problem?"
Smart judge. Perfect solution.
Christian groups could only oppose such a solution by exposing their bigotry. It would no longer be about the religious meaning of marriage. It'd be about "straights deserve a higher legal status".
[Updated on: Tue, 12 January 2010 12:23]
Look at this tree. I cannot make it blossom when it suits me nor make it bear fruit before its time [...] No matter what you do, that seed will grow to be a peach tree. You may wish for an apple or an orange, but you will get a peach.
Master Oogway
|
|
|
|
|
|
|
|
|
Brody...following this one closely myself. By the time it gets to the Supremes in Washington, as I expect it will, let's hope Obama has to fill a few seats beforehand.
It was only a matter of time before this whole issue became Constitutional, now we'll see if the document means anything for all of us. Thanks for posting.
Age appears to be best in four things; old wood best to burn, old wine to drink, old friends to trust, and old authors to read. (Sir Francis Bacon 1561-1626)
|
|
|
|
|
|
|
|
|
By Brody Levesque (Washington DC) Jan 13 | Testimony continued today in the closely watched Prop 8 Federal trial in San Francisco with personal stories replaced by expert testimony. When asked by a reporter from the Advocate about his perceptions from observing the proceedings thus far, Stuart Milk, nephew of slain Gay Activist Harvey Milk replied: “The hatred that took Harvey away from us is the same hatred that is fighting us on this issue.”
Plaintiff's attorneys called to the stand Harvard professor Nancy Cott, who testified that child rearing was only one of several purposes of marriage, not "the central or defining purpose."
"There has never been a requirement that a couple produce children in order to have a valid marriage," Cott testified, adding that George Washington, the father of the nation, was sterile.
For more on this important story please visit The Advocate.com @:
http://www.advocate.com/News/Daily_News/2010/01/12/Tuesday_Recap_Federal_Prop_8_Trial/
or The Los Angeles Times @:
http://www.latimes.com/news/local/politics/la-me-prop8-trial13-2010jan13,0,973925.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fnews%2Flocal%2Fpolitics%2Fcal+%28L.A.+Times+-+California+Politics%29
Photo of LGBT Marriage Supporters By Getty Images
|
|
|
|
|
Goto Forum:
|
] 
A Place of Safety
Search
Help
Register
Login
Home
Brody's Notes.. California's Prop 8 Marriage Ban Case Begins 
