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Thursday, January 14, 2010

Prop 8 Trial, Day 3 - My Stylized Summary

THE DAY OF LOWERING "STANDARDS"

Today was all about making the world safe for gay bigotry and second-class citizenship.

One can see the outlines of an argument to the Supremes:

1. things aren't so bad and getter better for the gays so no need to use strict scrutiny, if you don't want;

2. what's more, here are some reasons that people may have voted for Prop 8 and just ignore ALL the hate, fear, religious-doctrine, and ignorance as irrelevant, which you can do if you hold yourself to a lower standard; {and the silver platter invitation goes to Justice Kennedy}

3. and if you don't - look into my eyes, there will be untold and yet unimagined harms to "the institution of marriage", as opposed to harms to the actually married heterosexuals, a distinction which you can use to your self-serving advantage, if you want. (Besides, the gays are a sick and twisted people, based on {insert FUD docs, events, people, and statements})

Oh, not to forget, here's an unmarried nongay couple who had a baby by accident, in case you need some more fluff stuff for your low standard.

The horrible stuff behind the Prop 8 campaign came to light, as plaintiffs put up an exposee so compelling that it exhausted the judge, even if it was focused on just one of the defendants, a prime mover of he Prop 8 drive. Sadly, all that was overshadowed by the late-in-the-day SCOTUS decision to block television coverage of the defense objecting to the display of their own public materials.

Today, I felt very much like this case is a waste of time to go to trial, for activists, who could better put their time into strategies to move the electorate. I so hope I'm wrong. The two create a horrible day-to-day tension. I found myself speculating that the best case might be to lose at trial and not appeal - how sickening is that? But, this analysis suggests that could be worse, in terms of a DOMA challenge. The tension, again. zzzzgrrrr

[There was some really good trail lawyering going on today, by both sides. Therese Stewart really acquitted herself phenomenally well, I thought. The craftiness of the other side was admirable, soaking witnesses with lose-lose questions.]

Ref1: CCampaign