Tuesday, January 12, 2010

Perry v. Schwarzenegger - Day Two Wrap Up on Gay Marriage Case

The Courage Campaign has a blog entitled Prop 8 Trial Tracker that is providing updates on the trail in Perry v. Schwarzenegger in federal district court. The blog will be updated throughout the trial and affords a way to keep on top of things from an LGBT perspective. Unless and until the trial is televised - something that terrifies the Christianists backing Prop 8 - it is important that the blogosphere be abuzz with information on the trial. I truly believe that our opponents do NOT want average Americans to get the full truth and to hear the data backed opinions of legitimate experts - as opposed to faux experts with religious degrees utilized by Christianists - because the case in support of Prop 8 begins to disintegrate. Here are some highlights (NOTE: the photo above is of fellow LGBT blogger Jeremy Hooper and his husband who married this past summer in Connecticut):
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The pattern looks pretty clear. Our side is saying that gays and lesbians have been harmed for a really long time, that there has been institutional discrimination, that they are a suspect class (meaning they should be covered by the equal protection clause). Our side is also showing that marriage will be strengthened by permitting loving same-sex couples access it, that society will be more stable with same-sex marriage and that there is no harm done at all by opening marriage to same-sex couples.

The Prop. 8 side wants to show that marriage has always (in the US) been a Christian institution between a man and a woman, that heterosexual marriage is really good for kids and that in fact homosexual marriage will “hurt” kids and will degrade the institution. Ultimately, they are trying to show that it will lead to less stability as people abandon the institution of marriage. They are having a hard time with that because so far the evidence shows that by seeking access to marriage, groups previously excluded, such as slaves, interracial couples, certain classes of “foreigners” and in some cases women, have actually strengthened the institution by obtaining access.
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There’s another theme here which is about tradition. Remember the Fiddler on the Roof song? The Prop. 8 side appeals to their concept of tradition. The only problem is that their idea of tradition either never existed or only existed when women and people of color had fewer rights than white men.
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Homosexuality and America are on trial here. The Prop. 8 folks do not want you to see what’s going on and they don’t want a conversation outside of the carefully controlled media buys they run that are all based on fear. So start talking, start writing.
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This time, in this trial of homosexuality and of America, we have the best conservative legal advocate in the nation on our side along with arguably the best advocacy team in Olson, Boutros, Boies and Stewart, among others. And they are backed up by decades of hard work from Jenny Pizer and so many other brilliant advocates in the LGBT community. This time, though, it’s not the gays stirring it up; it’s the establishment demanding equality for all of America.
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While I am trying to stay calm and not get my hopes up too much, it seems that the Olson-Boies team is loading the record up with facts, figures and expert testimony which will make it hard for an appeals court to ignore. The perverse infusion of religion into the nation's civil laws really needs to be ended and this case has the potential to spark major change.

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