Final Briefs for the Prop 8 Case have been turned in.

Olson and Boies submitted their final briefs this weekend to Judge Walker.

Papers filed last night by attorneys Theodore Olson and David Boies detail how the evidence revealed during last month’s three-week federal trial of Proposition 8 overwhelmingly proves that the measure is unconstitutional.

“This 294-page filing is only a summary of the overwhelming evidence against Proposition 8,” said Chad Griffin, Board President of the American Foundation for Equal Rights. “The evidence proves beyond a doubt that Proposition 8, which separates Americans into unequal groups, violates the U.S. Constitution and causes incredible harm to individuals and our nation as a whole.”

Here are the briefs, if you want to check in out.

We're getting closer, peeps.

David Blankenhorn's Prop 8 testimony... OMEGA FAIL!

We are getting closer to the end of the Prop 8 case. Olson and Boies rest their case Monday, and yesterday, the opponents brought in this fool of the week, David Blankenhorn.

Now why am I hatin' on him? Well, he's why:

David Blankenhorn is the founder of the Institute for American Values.

He was in court to state that "legalizing same-sex unions would erode and “deinstitutionalize” marriage, which would ultimately harm children."


Does he have proof of this? No, but he tried his hardest to do something.

Although Blankenhorn was being offered as an expert witness on how same-sex marriages are detrimental to heterosexual marriages and children, Boies noted that Blankenhorn’s education had been in history.

“You’ve never taught a course in college,” said Boies, “and you have no degree in psychology, psychiatry, sociology, anthropology.…”

“No,” said Blankenhorn, interrupting.

“And in preparation for this testimony, did you undertake any scientific study of what effects permitting same-sex marriages have been in any jurisdiction where same-sex marriages have been permitted?” asked Boies.

“No,” said Blankenhorn. And that’s about when Blankenhorn began to resist Boies’ punches. Rather than answer the yes-or-no questions that Boies posed, Blankenhorn began to try and give explanations for his points of view. But clearly some damage had already been done and, when time came for Judge Vaughn Walker to decide whether Blankenhorn could be qualified as an expert witness, it was clear the judge had some hesitation.

I'm sorry, but why was he there? David did nothing for the opponents, but hurt and embarrass their case. This is a hot ass mess, and proof that the haters never had a credible case at all.

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What happened yesterday in the Prop 8 Case

The Plaintiffs rest yesterday.

But before they did, here's what with down.

Earlier Monday, a team of lawyers led by prominent litigators Theodore Olson and David Boies rested the plaintiffs' case after spending more than nine days presenting evidence on the meaning of marriage, the nature of sexual orientation, and the role of religion in shaping attitudes about both.

The last volley in their attempt to prove Proposition 8 was a product of anti-gay bias and served no legitimate public interest was videotape of a simulcast in which supporters of the ban said gay marriage would lead to polygamy and bestiality.

The footage was shown as an example of the work of San Diego pastor Jim Garlow, who helped organize evangelical Christian support for the ballot measure.

In one video rally led by Garlow, an unidentified pastor warned "the polygamists are waiting in the wings, because if a man can marry a man and a woman can marry a woman, the polygamists are going to use that exact same argument, and they probably are going to win."

It appeared the lawyers were introducing the material to demonstrate the campaign for the ban appealed to religious-based, anti-gay bias to scare voters into supporting the measure.

Proposition 8 sponsors objected to the video, saying the content of the simulcast was not controlled by campaign managers or leaders.

However, Chief U.S. Judge Vaughn Walker allowed the material to be put into the record because the coalition of religious and conservative groups behind Proposition 8 paid for Garlow's work.

The plaintiffs also introduced clips from promotional videos produced by other groups for distribution to churches during the Proposition 8 campaign. In one, produced by the American Family Council in Mississippi, the chairman of the California campaign, Ron Prentice, spoke against same-sex couples raising children.

"Children need and deserve the chance to have both mother love and father love" because men and women "don't bring to a marriage and a family the same natural set of skills and talents," Prentice said.

These preachers are jokes.

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Prop 8 case news: Plantiffs Plans to Rest their case Today

Boies and Olson plans to rest their case today.

Plaintiffs will likely rest their case Monday in the federal trial over California's Proposition 8, setting the stage for backers of the ban on same-sex marriage to open their line of defense.

"We're pleased with the way it has gone," said David Boies, an attorney for the gay couples who want to wed.

He said he set out to prove that marriage was an important right, that gays were harmed by being denied that right and that marriage wouldn't be hurt by extending it to same-sex couples. "We've proven all three of those," he said.

Judge Vaughn Walker will decide whether the 2008 voter initiative that limited marriage to a man and a woman codified discrimination or protected a legitimate state interest. This is the first federal challenge to state gay-marriage bans.

Defense lawyer Andrew Pugno said his side would present evidence from experts that traditional definitions of marriage between heterosexual couples have special benefit for children and for society.

The opponents had a weak case from the gate, from citing bogus internet sites to quoting crazy ass myths that died out with claymation. I can't wait to hear their closing arguments.

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Question of the Day

Where do you think the federal Prop 8 case is heading?

Rachel Maddow talks to Ted Olson and David Boies

Day One of the Trial of the Century

Yesterday, the Prop 8 trial began. Here's a quick hit from LGBT POV about what happened.

Judge Walker interrupted Ted Olson’s opening statements several times, showing he’s going to be an engaged judge. San Francisco Deputy City Attorney Therese Stewart, who is part of the case, told me she thinks he may even ask questions of the witnesses.

Olson laid out their case very well, I thought – though Walker did ask some hard pertinent questions – more on this tonight.

Charles Cooper for the defense seemed all over the place – arguing what we’ve heard often before – that marriage is historically and culturally been defined as between a man and a woman for the purposes of procreation and a stable society. Judge Walker asked how same sex marriages effected heterosexual marriages – and he says it does because it “de-institutionalizes” the institution. Again, more on this later. I don’t think Cooper did well – and it turns out that three more of their witnesses dropped out this morning, per Stewart.

This morning’s testimony was basically by the gay male plaintiffs – Paul Katami and Jeff Zarrillo. Jeff went first and was emotional at several points talking about the difficulty coming out and being categorized as a second class citizen. No questions from Cooper.

Paul is on the stand now. He, too, has been emotional at times. David Boies is leading this part of the examination. There have been several technical objections – including one that Walker agreed to – re not showing the National Organization for Marriage ad “The Gathering Storm” because the link to Protect Marriage is “tenuous.” Ted Olson told me that “it’s not over,” regarding admitting the NOM ad as evidence.

CNN has this about the opponents:

However, Charles Cooper, an attorney representing Protect Marriage, the group that came up with Proposition 8, told the judge in his opening statement the purpose of marriage is to promote procreation between men and women.

Same-sex marriage "will likely lead to very real social harm; it's too novel and experimental," he argued.

Californians "are entitled to make this critical decision for themselves," he said, pointing to voter support of the proposition.

Except for the issue of marriage, gays and lesbians have been successful in attaining policy goals, Cooper said, adding that California has some of the most comprehensive protections in the nation.

Sorry this is choppy, but I will try to get more info.

Ted Olson Explains why he took the Federal Prop 8 Case

More on this story is here

The Federal Prop 8 Case update

The Federal Prop 8 trial starts on January the 11th and it may go on for a month, so don't start screaming and threatening a boycott. (jk)

Here's more:

The trial in the federal lawsuit seeking to overturn California’s Proposition 8 starts Jan. 11 in U.S. District Court in San Francisco.

It could last a month.

Representing the gay side are famed attorneys Ted Olson and David Boies, who, in 2000, argued opposite sides of the Bush/Gore "hanging chad" election mess before the U.S. Supreme Court.


Intervening for the gay side are lawyers from Lambda Legal, the American Civil Liberties Union, and the National Center for Lesbian Rights. Their request to join the case on the same level as Olson and Boies was denied after they angered Olson and Boies by speaking ill of the case, saying it was poorly timed and unwise. The city of San Francisco also has intervened on behalf of the gays.

For journalists covering the trial, they can use Facebook and Twitter. No lie.

So this may be entertaining.

The Revolution might be Televised

The big Federal Prop 8 case may be televised.

The Judicial Council of the 9th Circuit authorized television cameras in certain district court proceedings Thursday, reviving a national controversy just weeks before a groundbreaking trial over same-sex marriage is slated to begin in San Francisco.

The 9th Circuit currently allows cameras to televise appellate arguments, as does the 2nd Circuit. A private vendor has also recorded a handful of district court proceedings in New York.

But under the 9th Circuit's new experimental program -- in which only civil, nonjury trials would qualify -- district courts would be likely to use their own camera equipment, said Circuit Executive Cathy Catterson. The method of distribution would be figured out on a case-by-case basis.

"It might be posted later in the day, it could be edited, or it could be live. It would depend on the nature of the case," Catterson said.

Cases to be considered for the pilot program, and the distribution details, will be decided by each district's chief judge, in consultation with 9th Circuit Chief Judge Alex Kozinski. In San Francisco it is the Northern District of California's chief judge, Vaughn Walker, who is presiding over the federal challenge to Prop 8.

Walker first raised the possibility of a televised broadcast several weeks ago, and lawyers representing pro-same-sex-marriage plaintiffs support the idea. The defendants oppose it, saying anti-gay-marriage witnesses could be subject to harassment and retribution. When the topic arose again this week, Walker alluded to possible 9th Circuit action and asked for another discussion with the parties should authorization occur.

This will be interesting to watch. I would love to hear the opposing side's arguments. And I love that anti-gay-marriage witnesses could be subject to harassment and retribution part. If you are going to steal my rights, stand your ground. Don't get scared all of a sudden, you dished it, you need to take it!

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