Today was the opening salvo in the arguments to overturn Proposition 8, the ballot initiative that denied legal marriage to same sex couples. You can follow the live blogging of the trial at FDL: The Seminal and Firedoglake Covers the Prop 8 Trial
The Courage Campaign is also following with Prop8 Trial Tracker
H/T to Robyn for the link
Sharp Words Open California Same-Sex Marriage Case
SAN FRANCISCO – In the opening volleys in the federal trial over the fate of California’s ban on same-sex marriage, lawyers for both sides were sharply questioned by the judge overseeing the trial, in a case that is being closely watched by gay-rights groups and supporters of traditional marriage nationwide.
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Judge Walker set a questioning tone early, repeatedly interrupting an opening statement by Theodore B. Olson, a lead counsel for the plaintiffs – two gay couples who filed their suit in the spring after the California Supreme Court upheld Proposition 8. The judge asked Mr. Olson why domestic partnerships, which are allowed in California, were not sufficient for gay couples and wondered what kind of evidence would be introduced to show harm to same-sex couples who are not allowed to marry.
Mr. Olson, a prominent conservative litigator whose co-counsel is David Boies, his foe from the 2000 battle over the presidential election, countered that marriage “was a building block of family, neighborhoods and community” in America, and that to deny gays that right was to effectively make them second-class citizens. Proposition 8, he said, “isolated gay men and lesbian individuals and said, ‘You’re different.’ ”
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Advocates for Proposition 8, who assert that Californians were well within their rights to establish a definition of marriage, were also pointedly queried by Judge Walker.
Charles J. Cooper, the lead counsel for the defense, opened his case by arguing that limitation of marriage to men and women was a tradition “across history, across cultures and across societies” meant to “channel natural procreative activities between men and women” into stable relationships.
But Judge Walker interrupted Mr. Cooper to ask about other marital benefits like companionship and support, and he noted that there were no restrictions on marriage for heterosexual couples who could not or did not want to have children. The judge also questioned the assertion by Mr. Cooper that same-sex marriage would “radically alter” traditional marriage and could decrease marriage rates for heterosexuals.