Monday, December 06, 2010

Ninth Circuit hears Proposition 8 oral arguments today,

C-Span is now covering Oral Arguments on the Challenge to Proposition 8 in California before the Ninth Circuit Court of Appeals, link (website url) here.  Chris Cooper is the attorney for Supporters of Proposition 8 arguing against same-sex marriage.

According to a Los Angeles Times blog entry early Monday, both sides were vocal in demonstration outside the Court House in San Francisco.

Southern California Public Radio has an effective live blog covering the arguments here  Prop 8 supporter is quotes as saying, with some meanness, “You better get used to being discriminated against.” Sounds like a typical bully.

A justice asked Cooper if the people of California could constitutionally reinstitute anti-miscegenation laws (Loving v. Virginia, 1967) by a constitutional referendum.  Then Cooper started talking about the "special characteristics of opposite-sex marriage". It was important to him that the relationship can "naturally produce children."  Cooper went on to get into the area of single mother parents, and a justice said he had made a good argument for "prohibiting divorce."

Later there was a comparison to the logic of Romer v. Evans, Colorado Amendment 2 in 1996.

The Ninth Circuit has its hands full.  It is also hearing the Obama administratiom's formal appeal of a lower court rulings striking down "don't ask don't tell" in the Log Cabin Republicans case.

Update: Dec 12

Check the New York Times editorial "Civil Rights in California", link here, with some discussion of the "standing" issue, whether "Protect Marriage" had standing to bring the appeal. Their best shot seemed to be claiming "sexual relationships between men and women naturally produce children".

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