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CA: Prop 8 Case May Take Years to Resolve

Sunday, June 27th, 2010

Just hours after Judge Vaughn R. Walker banged the final gavel in the trial of Proposition 8 – California’s same-sex marriage ban – the two top lawyers challenging the law, David Boies and Theodore Olson, were holding court again: this time at a small private dinner with donors in San Francisco.

The meal, with a handful of people who have given money to the group challenging the ban, could well be seen as the opening maneuver in the second act of the saga of Proposition 8, which both sides expect to wind its way up the federal judicial food chain, most likely all the way to the Supreme Court.

“We would immediately appeal,” Andrew Pugno, a lawyer for the proponents of Proposition 8, said when asked if his side were to lose in Judge Walker’s court. The plaintiffs agree.

Full Story from the NY Times

Click here for gay marriage resources in California.

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CA: Prop 8 Trial Closing Arguments Analysis From NCLR

Thursday, June 17th, 2010

It’s been several months since the parties wrapped up the presentation of evidence in Perry v. Schwarzenegger. Since then, they’ve been fighting over some issues about evidence, which are now all resolved. Today, the advocates reconvened for a full day of closing arguments, watched closely by hundreds of spectators in two overflow courtrooms.

In closing arguments, attorneys summarize the most important evidence from trial that supports their side. Today’s arguments overwhelmingly demonstrated the volume and strength of the plaintiffs’ evidence, and the complete lack of evidence in support of Proposition 8.

Theodore Olson of Gibson, Dunn did a masterful job for the plaintiffs. He focused his presentation on the two plaintiff couples’ moving testimony about why marriage is important to them. Olson also highlighted the testimony from all of the expert witnesses – on both sides of the case – who unanimously agreed that marriage would enhance the well-being of same-sex couples and their kids.

Full Story from Pam’s House Blend

Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: Prop 8 Trial Closing Arguments Analysis

Thursday, June 17th, 2010

So, that is over. Well, it is minus the little part about Judge Vaughn Walker issuing his ruling. But both sides – AFER’s Olson-Boies and ProtectMarriage.com’s Charles Cooper – have rested their cases. And even if you’re a supporter of Prop 8, you’ve got to admit: the defense blew it.

In Perry v. Schwarzenegger, it was Olson and Boies, on behalf of their gay couple defendants, who were required to prove their case: That Prop 8 is unconstitutional, was motivated by animus, and must be struck down. They did it. More than adequately. And they didn’t just make the legal argument (which we’re well aware is the most important), but the logical one – how legalizing same-sex marriage won’t keep straight couples from getting married or having kids, and how re-authorizing marriages for gay couples will make more families more stable. And without question, Cooper’s roster of “experts” completely annihilated ProtectMarriage.com’s core arguments. There’s just no way around it; their own witnesses admitted laws like the Defense of Marriage Act, similar in many ways to Prop 8, are discriminatory. And how legalizing same-sex marriage is – wait for it, wait for it – a good thing.

The entire production was an embarrassment for the defense. That is an objective observation. And Brian Brown, president of the National Organization for Marriage (which was not a defendant in the case), accidentally confirmed as much in a live chat following Wednesday’s closing arguments.

Full Story from Queerty

Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: What Will Happen if The Gay Marriage Case Reaches the Supreme Court

Monday, March 15th, 2010

1. Will the case get to the U. S. Supreme Court?

There’s generally no right to appeal to the Supreme Court. You can ask the Court to review your case, and, most of the time, the Court can take it if the Justices want to. It takes votes from four Justices for the Court to take a case, five to win it if it does.

I suspect that if the Perry plaintiffs lose at the Ninth Circuit, the Supreme Court will not take the case even if they ask. Though marriage for same-sex couples is a hot topic in the law, there are few federal constitutional decisions that even touch on it, and there’s no split among the Circuits – none of the federal appeals courts have said the Constitution requires the state to stop excluding same-sex couples from marriage. I think, much as it has with Don’t Ask, Don’t Tell, the Court will stay out of the issue as long as no state is being required to marry same-sex couples by virtue of the federal Constitution.

But if the plaintiffs have either a small or a big win at the Ninth Circuit, I think the Court will certainly take the case. A win at the Ninth Circuit would mean either that the federal Constitution required nine western states to stop excluding same-sex couples from marriage (the Big Win) or that it required three or maybe four to stop. That’s a substantial enough interference with state sovereignty on a critical social issue that it seems inconceivable that the Court wouldn’t take the case.

Full Story from the Huffington Post

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.