Saturday, September 18, 2010

Prop 8 Wingnuts File "Standing" Brief with the 9th Circuit – Still Argue Procreation

The wingnut proponents of Proposition 8 have filed a brief on the issue of standing in Perry v. Schwarzenegger and, in addition to having a conniption fit over Judge Walker's alleged uncritical acceptance of the evidence submitted by Plaintiffs', the Christianists are continuing to whine about procreation being the lynch pin of marriage. Of course, they utterly ignore the fact that the marriage laws allow those past child bearing years to marry as well as the fact that there's no penalty for straights who marry with no intention of having children. Their rant also ignores two U.S. Supreme Court cases that I have mentioned before that cut their standing argument off at the knees. And again, the wingnuts ignore the fact that they had no legitimate evidence to refute the plaintiffs' evidence. If anyone utilized "unreliable" witnesses, it was the Prop 8 proponents. Here are some highlights of the wingnut's screed from Google News:
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Backers of California's same-sex marriage ban urged a federal appeals court to overturn the trial judge who struck down Proposition 8 by arguing late Friday that his consideration of evidence was "egregiously selective and one-sided."
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In written arguments to the 9th U.S. Circuit Court of Appeals, lawyers for the ban's sponsors alleged that Chief U.S. Judge Vaughn Walker "quite willfully" disregarded a 1972 U.S. Supreme Court precedent and other relevant information when he decided the voter-approved measure was an unconstitutional violation of gay Californians' civil rights.
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The appealing attorneys, who called two witnesses compared to 18 for the plaintiffs, asked the 9th Circuit to ignore the trial testimony on which Walker laboriously based his opinion, calling it "unreliable and ultimately irrelevant" to whether Proposition 8 passes constitutional muster.
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"The district court decision is an attack on the many judges and lawmakers and millions of Americans who rightly and reasonably understand that marriage is the unique union of a man and a woman," said Alliance Defense Fund attorney Brian Raum, who is part of the legal team fighting to uphold Proposition 8. "The Hollywood-funded opposition wants to impose — through a San Francisco court — an agenda that America has repeatedly rejected."
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The wingnuter's brief can be found here.

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