Thursday, August 05, 2010

On Prop 8

From Slate:

Had the proponents of Prop 8 made even a minimal effort to put on a case, to track down real experts, to do more than try to assert their way to legal victory, this would have been a closer case. But faced with one team that mounted a serious effort and another team that did little more than fire up their big, gay boogeyman screensaver for two straight weeks, it wasn't much of a fight. Judge Walker scolds them at the outset for promising in their trial brief to prove that same-sex marriage would "effect some twenty-three harmful consequences" and then putting on almost no case.

Sounds about right.

Of course the decision will be appealed, so assuming they are granted audience with the Supreme Court, I would like to add two more points:

  • California’s previous rulings on gay marriage has informed rulings in other states (I can’t remember the states, Iowa maybe, no recollection on the Justices being cited), this strengthens the weight of their opinions.

  • Slate notes that SCoC Justice Walker’s opinion seems to be a direct appeal to SCotUS Justice Kennedy. The importance of this is that Kennedy under the Roberts court is regarded as the swing vote, and his recent voting record has been noticeably skewed conservative.

Also, shame on Stephen Harper, trying to move backwards when the rest of the world is following step.

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