I have been following the Prop 8 Trial for the last week or so via the Prop 8 Trial Tracker and I can say I am really confused with the Defendants – the Pro-Prop 8 people. Their witnesses were to our advantage and their cross-examination of our witnesses yielded pretty much nothing of really use. Both of the witnesses they called came off as incompetent and/or sleazy. It was sad to see … in a good way.

I know that they do not have a rational or logical argument against Same-Sex Marriage, but this was sad almost to the point of hoping that they declare a mistrial because their counsel seemed completely inept and out classed by the Olson/Boise juggernauts. I am happy to see that, because it reinforces the legitimacy of Same-Sex Marriage issue, but it also makes me worry as to what they are really up to.

I am pretty sure they were expecting an appeal regardless of who won this first round, so perhaps they have something more vicious planned for the appellate court. They cannot add new evidence or testimony there, but perhaps they are planning on hiring competent counsel to argue their case. The evidence and testimony that they submitted was not too inspiring. Perhaps they may leave it at losing here at the District Court level and not take it too the Supreme Court to minimize the damage, in hopes that this case will not be used as further precedent for other cases across the country? I am not sure what is going on here, but it is worry-some.

Our evidence and testimony was pretty much on target and unflappable. With Loving vs Virginia and Brown vs Board of Education in our courts to show that marriage is a fundamental right, and separate is not equal, respectively, I am thinking that we have a great case in our favor.

Now we wait for the judge to review the testimony and evidence given, and then the court will take on filings for Amicus Briefs, and then Closing Arguments. I do not like this wait at all. There is so much at stake here, but I am quite hopeful.

The more I read of the Proposition 8 Trial Tracker BLog’s account of the trial’s testimony the more I believe that there is really no valid argument against gay marriage.  Their Questioning, and their expert witnesses are crushing the pro- Prop 8 people. It is a blood bath in there. The historical evidence supporting the homosexuality has been to subject to demonizing, discrimination, and bigotry throughout history is huge and painful to recount, but consistent. There is also plenty of historical evidence of changing marital laws with slaves, interracial marriage, etc…  I am impressed with the legal work here.

I see good things to eventually come.  Yea!

I just received word the the Supreme Court has affirmed a block on televising the Prop 8 court proceedings. I am saddened by this. Transparency to the public in such a high profile case is important, especially to let the world see the bigotry and lies that are spread by the pro Prop 8′ers. They want to keep this as hidden as possible so they do not look so bad. They are trying to keep as much of their commercials and other propaganda and so on from being admitted for similar reasons.  They hate to have their own work used against them.

New York Times Coverage

• Two Ideological Foes Unite to Overturn Proposition 8
• YouTube Moment on Hold in Same-Sex Marriage Case in San Francisco
• Personal Focus as Same-Sex-Marriage Trial Opens in California (Day 1)
• Same-Sex Marriage Case, Day 2: History Lessons
• Same-Sex Marriage Case, Day 3: The Defense Pushes Back

Here is a link to a live blog detailing the happenings at the Proposition 8 trial: Proposition 8 Trial Tracker BLog from the Courage Campaign.

Read it and get involved. This is one of the most important civil rights issues of our time.

This article in Newsweek titled “The Conservative Case for Gay Marriage
Why same-sex marriage is an American value” is written by Theodore Olson who is a prominent Republican lawyer that served under Bush and Reagan during their presidential administrations. He, along with David Boies, a prominent liberal lawyer, have taken it upon themselves to overturn Proposition 8 all the way to the Supreme Court.

This article states his reasons for taking up the Gay Marriage case with hopes of ending the discrimination and injustice in this country. The Republican party has been struggling with their identity and have been trying to find themselves again. I think that they should take up with Mr. Olson to find out where to go – Freedom, Justice, and Family and not persecutive religious dogmatic status quo’ism.

Please take the time to read his view point. It is very compelling. And if you are really bored you can read my scrawlings on the gay marriage issue too.

The article Gay on Trial: Why more than marriage is at stake in the federal legal challenge to Prop. 8 (the American Prospect) has a great run-down on the current state of the gay rights movement especially in light of the famous lawyers David Boies and Ted Olson taking up the case.

The only part of the article that I find annoying is this following quote:

Prop. 8’s defenders seem most self-assured when speaking in broad axioms. According to the motion filed by the defense in Perry, “the purpose of marriage [has] always been to promote naturally procreative sexual relationships,” and “every civilized society in recorded history [has] limited marriage to opposite-sex relationships.” But when asked concrete questions, as the defense was at a pre-trial hearing in October, lawyers have been hard-pressed to come up with an answer.

Gay on Trial, Gabriel Arana; November 23, 2009

If they paid any attention to history or anthropology they would find this statement patently false. Marriage has not, in even a pseudo modern world, traditionally been done specifically for procreative or genetic ends. Marriage has been done for power, land, and influence, and love. The ability to bear children is a natural extension of power, love, and influence.

Historically there have been many societies that have revered or thought nothing of homosexuality. There have been even some societies where sex with the opposite sex was abhorrent and only done with the explicit necessity of bearing children to perpetuate their tribe. The possibility of not having and answer for this I find annoying, because it is easy to refute.

This Courage Campaign Video was put together in response to Kenneth Star’s filing to the Supreme Court in favor or California’s passing of Prop 8 which bans same-sex marriage.

Watch the video and then sign the petition. Tell the Supreme Court to invalidate Prop 8, reject Ken Starr’s case, and let loving, committed couples marry. DEADLINE EXTENDED: March 2.

President

We are present and have been involved in a very historic and monumental moment in the history of the United States. The first black president has been elected. I am quite happy that Obama has won. I am looking forward to the changes he will bring.

Congress and Senate

I am a bit concerned at the overwhelming majority that the Democratic Party has in the Senate and Congress. So concerned that I almost voted Republican. If I had known more about those candidates I just might have I am worried that With A Democrat President and House and Congress that they will just steam-roll legislation through without any real opposition. All branches flush with vigor and power that Obama and the election has brought may bring about similar mistakes as Bush and post 9/11 legislation brought.

California’s Proposition 8

One last thought I am rather surprised that California’s Proposition 8 passed which instituted a State Constitutional ban on Gay marriage. With California being one of the most liberal and progressive states in the union, and Google and Apple in support of the ban as well, I fully expected this to be beaten down like a red-headed step child.

Heres to hoping that this administration will do well and correct our current oversights and not allow high emotions of recent victory spoil the process.