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Closing Arguments Approach in Prop 8 Trial
Posted by: David Ring
March 02, 2010

Both sides in the battle over gay marriage recently filed their closing legal briefs with the federal court.  The next step: closing arguments. 

The federal judge presiding over the case will review the lengthy briefs and then schedule closing arguments.  It will be a shame if those arguments are not televised or at least put up on YouTube after the fact. 

To put the entire matter in context, this is how it all came about:  The City of San Francisco made gay marriage legal.  Many gays took advantage of the law and got married.  Opponents sued, saying the SF law was illegal and unconstitutional.  The case went to the California Supreme Court, who ruled the law was legal and upheld the rights of gays to marry.  Opponents of gay marriage then put Prop 8 on the ballot and voters approved it.   Prop 8 basically eliminated the Supreme Court's ruling and instead allowed "marriage" to exist only between a man and a woman, which became part of the California constitution.  Those in favor of gay marriage filed this federal lawsuit, arguing that Prop 8 is discriminatory and was the result of animus against gays.  At trial, the proponents of gay marriage showed that churches and the conservative right were major backers of Prop 8 because they morally disapproved of gays marrying.  The proponents argued that Prop 8 is simply unconstitutional and the Supreme Court ruling allowing gays to marry should stand.

The opponents of gay marriage argued during the federal trial that the voters' will should be upheld and that there are legitimate reasons for banning gay marriage.

Those viewing the trial seemed to agree the lawyers in favor of gay marriage steam-rolled the lawyers against gay marriage at the trial.  The federal judge deciding the case seems receptive to rule that gays can and should be allowed to marry.

Closing arguments could take place in April or May. 

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Proposition 8 Gay Marriage Trial Awaits Conclusion
Posted by: David Ring
February 04, 2010

The landmark trial challenging Prop 8, the California initiative that barred gay marriages, now awaits closing arguments before it reaches its conclusion.  The federal judge hearing the case will also decide its outcome: there is no jury.  The judge requested closing arguments take place in a few weeks, giving him time to digest all of the evidence introduced into the case.

The closing arguments in this case should be nothing short of fascinating.  Outstanding lawyers arguing whether gays should or should not have the right to marry in California.  It's a shame those arguments can't be televised or put on YouTube for all to see.

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Prop 8 Trial Nears Mid-Point
Posted by: David Ring
January 23, 2010

     There is a landmark trial taking place right now in San Francisco federal court.  Proposition 8, the anti-gay marriage ballot initiative that was passed by California voters, is under attack by gay marriage supporters who claim it is unconstitutional and discriminatory.  The gay marriage supporters are led by two top-notch lawyers, Ted Olson and David Boies. 

     The trial was going to be televised, or at least portions were to be posted daily on YouTube by the federal judge presiding over the case, but his decision was challenged by the Prop 8 supporters.  The U.S. Supreme Court weighed in: no televised proceedings allowed.  Of course, the five conservatives voted to block the trial from being televised, while the four liberal justices wanted it televised.

     From reading various accounts of the trial, it seems that the gay marriage supporters are putting on a fantastic case.  They have destroyed the credibility of experts used by the anti-gay marriage team and have demonstrated that much of the Prop 8 campaign was motivated by nothing more than anti-gay sentiment.

     The federal judge will eventually have to decide if Prop 8 is unconstitutional.  But that is only the beginning of the fight.  The case will then move to the Ninth Circuit Court of Appeal, which will either agree or disagree with the trial judge's decision.  The case will then continue to the U.S. Supreme Court for the ultimate decision.  In other words, we are years away from finality.  And years away from what will probably be a "5-to-4" decision by the Supremes. 

    Here's the link to the website of the American Foundation for Equal Rights which tells you a whole bunch more about its role in this amazing case:  http://www.equalrightsfoundation.org/

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