Unique case against Proposition 8, for gay marriage to begin; witnesses must testify for first time
”Actually putting witnesses on the stand has never been done before in any lawsuit claiming a right to same-sex marriage…. So this is a very out-of-the-ordinary approach…. They are going to be trying to impugn the motives of the sponsors and trying to prove characteristics of sexual orientation [are similar to those of race].”
Andy Pugno, a Proposition 8 campaign attorney remarking on the unqiue nature of a trial that begins today. The voters of California narrowly approved that measure in November of 2008, effectively rolling back the legalization of same-sex marriage in that state. Sources report that the anti-gay supporters of Proposition 8 have petitioned the Supreme Court to block the use of cameras in the courtroom. The judge in the case has determined that he would like video to be posted to YouTube, and will also allow the cast to be simulcast live to a few select courtroom waiting areas around the area. They are trying to use an argument that they have suffered some type of intimidation and damage from the posting of public finance records, and they fear an increase in these alleged future altercations if their faces are matched to their testimony. (LA Times)
”The biggest challenge with any of the judges we’ll face is simply to get them to focus on the law and the facts and not on the inertia of history…. I think the only real argument that the other side has is, ‘This is the way its always been.”’
David Boies, one of two lead attorneys working on the case of Perry v. Schwarznegger which is to test the validity of Proposition 8, a referendum that repealed the rights of gay men and women in California to be legally wed. Though the case is named part after the Governor, it is reported both he and the Attorney General have refused to defend it. (New York Times)
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