[Ted] Olson is just brilliant. He answered the judge’s point that marriage only existed for mere months, not a long established right, by saying that the court finally realized that the right exists within the California constitution, just as the US Supreme Court realizes that rights exist. Marbury v. Madison says, “the law is the law.”
And the judge just got to the big elephant: if Prop. 8 is unconstitutional, can DOMA be constitutional? Olson says we’ll have to work through that. This case may lead the judiciary to that conclusion, but it’s not the subject of this case. I personally (Olson) believe it’s unconstitutional!
Ted Olson on civil unions they “Inflict a badge of inequality.”
He goes on to say that Prop. 8 perpetuates discrimination for no good reason. It makes gays and lesbians inferior, lesser so they’ll be discriminated against and suffer irreparable harm.
Monday, January 11, 2010
prop 8 trial live-blogging
earlier today the supreme court blocked broadcast of schwarzenneger v. perry (at least for the first 48 hours) so rick jacobs at prop 8 trial tracker has begun a live blog of the proceedings. early entries include:
posted at 1:22 PM