In a rather spineless move, the US Supremes ruled today that television cameras will not be permitted in the courtroom to broadcast the Prop 8 trial in California. It was a split decision (5-4) and was decided on a technicality, not because of content. They found that there was not sufficient time for public input (as required) and that the change in rules was not in accordance with Judicial Council policy.
That being the case, at least for this trial, we will have to rely on courtroom reporters and sketch artists. Due to time and space, I’m not posting much detail about the proceedings of this trial but it is all very interesting. You can read summaries and transcripts via THIS web site if you are so inclined. The general consensus at this point is that our side is kicking major ass and proving beyond any reasonable doubt that Prop 8 passed because of fear and hatred towards gays and lesbians. That is only one aspect of what is trying to be proven but it is an important one because it introduces gays (if successful) as a suspect class at the federal level deserving of heightened scrutiny when it comes to equal treatment. One of the things that marriage equality hinges on is this fact. In every state that has found in favor of marriage equality, gays are seen in state law as a suspect class (in the same way that other protected minority groups are). As a result of that classification, courts had to rule in favor of equality. Anyhow, some of the arguments being presented are stunning. The witnesses yesterday were quite insightful and provided lots of information. It was history day which outlined decades of discriminatory treatment towards gays and lesbians since the early part of the 20th century. Today, they dove into social differences and similarities and did a very nice job illustrating that there are actually very few differences between gay couples and straight couples in so far as what they are seeking to accomplish through marriage. There has been much discussion of the impact that marriage has on children and why marriage directly benefits children whether they are in gay or straight households. There has also been strong emphasis on the fact that gay families with children DO exist and they are a reality whether people like that fact or not.
You all might be completely board with this but it is gripping to me. I should have been a historian or law librarian or something like that, I totally get into this stuff. This trial, in effect, is putting homosexuality on trial, not just marriage equality. It is establishing the patterns of discrimination towards gays through the years, it is debunking the religious arguments, it is, in my opinion, going to be one of the most important trials of the decade and it has the potential to have big ramifications for equality.
I finally have a day off tomorrow so I’ll be doing lunch with the folks and then getting things straightened up around the house. Work is draining right now, not much going on at all.
