Pondering Perry v. Schwarzenegger

I’ve been watching the transcripts from the trial and a few things become very clear.

The team of Olson and Boies and all their associate counsels, as well as their expert witnesses have done a wonderful job so far of establishing that religious animus was behind the Proposition 8 vote. They are also doing a great job of proving that being LGBT does in fact put one in a suspect class, that we don’t have the political or economic power the opposition posits that we do have. This means that it would behoove the judge in this case to apply a strict scrutiny standard.

Strict scrutiny is a more difficult obstacle for the defendants.

Another thing that is becoming apparent is that the counsel for the defendants will pull out any dirty trick they can in order to impeach the credibility of the plaintiff witnesses. Using outdated reports and publications, using single source studies, etc. The questions posed by defense counsel are very snippy and it becoming clear that the line of questioning is very irritating to Judge Walker.

And todays testimony by Bill Tam was interesting. Tam seems to have very selective memory of what his role in the whole Prop 8 battler was at the time.

I’m reading the transcripts with a certain amount of anticipation. When even two of the defenses star witnesses make the case against Prop 8 in their depositions, you know the Prop 8 proponents aka the defense is in trouble.

3 thoughts on “Pondering Perry v. Schwarzenegger

  1. I predict one of the things the USSC majority will center on is the fact that in NH the legislature, not the courts, made gay marriage legal. This shows that the gay community *does* have some political power to advance our civil rights cause without the help of the courts. And this means we should not be given suspect class status.

    I have no doubt NH will play a great role in the USSC’s rationale. However, if you compare the gay civil rights movement with the racial civil rights movement you’ll see blacks had a few victories along the road also, and that didn’t keep them from achieving suspect class status, thus giving them the benefit of the strict scrutiny standard.

    Olsen and Boies need to spend some time now getting evidence into the record with which they can draw comparisons between gay and racial civil rights movements so it can be used on appeal if and when the case goes before the USSC.

  2. Hey there, I’ve been following this blog and it’s well written. I’d like to read the transcripts but I went to google.com and I couldn’t find anything. Can you share a link to where these are located so we can read them too? Keep up the great work on the blog! Thanks!!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.