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Courts are the last bastion of reason in the United States
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Bradylama
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Old Aug 4, 2010, 09:11 PM Local time: Aug 4, 2010, 09:11 PM #1 of 12
Lightbulb Courts are the last bastion of reason in the United States

And with the way the Supreme Court is stacked we might just all be doomed anyways.

But the Prop 8 law passed in California in 2008 was struck down today, due I'm sure in no small part to the complete inability of the Prop 8 defense to provide any meaningful testimony that could stand up in a court of law.

Breaking News: Prop. 8 Ruling | Coverage of the Prop 8 Federal Trial From The California Report and KQED
Quote:
Defense lawyers called just two witnesses, claiming they did not need to present expert testimony because U.S. Supreme Court precedent was on their side. The attorneys also said gay marriage was an experiment with unknown social consequences that should be left to voters to accept or reject.

Former U.S. Justice Department lawyer Charles Cooper, who represented the religious and conservative groups that sponsored the ban, said cultures around the world, previous courts and Congress all accepted the "common sense belief that children do best when they are raised by their own mother and father.''


In an unusual move, the original defendants, California Attorney General Jerry Brown and Gov. Arnold Schwarzenegger, refused to support Proposition 8 in court.

That left the work of defending the law to Protect Marriage, the group that successfully sponsored the ballot measure that passed with 52 percent of the vote after the most expensive political campaign on a social issue in U.S. history.
So with their asses left blowing in the breeze, the moneyed interests who backed Prop 8 in the first place had no recourse but to continue using their money to advance the same arguments that convinced California voters to pass Prop 8. All of these arguments are of course opinions on policy and not constitutional arguments, which is what Prop 8 was being challenged on.

If this case reaches the Supreme Court and Protect Marriage continues using the same "expert" testimony which completely unraveled their defense, even judicial hacks like Scalia and Thompson will be embarrassed into judging against Prop 8.

Last month by the way, Protect Marriage did basically the same thing, bringing only one expert witness to testify.

Quote:
Prop 8 judge chastises weak defense of gay marriage ban New Mexico Independent

“What testimony in this case supports the proposition?” Walker asked.

“You don’t have to have evidence of this,” Cooper replied.

“You have to have a reason,” Olson said of denying same-sex couples marriage rights. “I don’t know, and I don’t have any evidence, doesn’t cut it.”
Considering how much post-secondary education is required to practice law, the US courts system is probably the only American institution in which anti-intellectualism cannot hold sway. This is why the Prop 8 ruling is so important for the future of the Culture War, because right wingers can no longer hide behind democratic functions such as voter referendums as a sound means of stripping people of their rights.

Originally Posted by Judge Walker
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.
PDF of the full decision (and it is a laugh riot)

Jam it back in, in the dark.

Last edited by Bradylama; Aug 4, 2010 at 09:18 PM.
Bradylama
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Old Aug 4, 2010, 10:07 PM Local time: Aug 4, 2010, 10:07 PM #2 of 12
Instead of typing up this whole 138 ruling, the Judge should've c-walked all over the Prop 8 proponents faces. Each of them, in turn. They can all lie down in one big line for the judge to walk over.

But his way is a little bit classier.
It also hurts a lot more.

There's nowhere I can't reach.
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