January 19, 2010
— Gabriel Malor Today is the sixth day of the Proposition 8 trial in San Francisco. I will be livetweeting starting at 8:30 at @gabrielmalor. The plaintiffs are still presenting their case-in-chief, but it is expected that they will call Proposition 8 co-sponsor William Tam to the stand to hear his controversial view that gay marriage will lead to legalized sex with children. If there is time, they may also call San Diego Mayor Jerry Sanders.
The plaintiffs are trying to demonstrate a couple of things. First, if they can get it, they want to show that gays as a group are deserving of "heightened scrutiny." To do that, they have to show a couple of things, including that there has been a history of discrimination against them, that they are relatively less powerful politically, and that the discrimination is based on an immutable trait (with the exception of religion, which gets heightened scrutiny even though people can change their religion).
This is a long shot. No court has come right out and said that laws that affect gays get heightened scrutiny. The Supreme Court in Romer and Lawrence failed to explain which level of scrutiny applied to gays. (This has been the practice of the Court for about the past decade, where for reasons passing understanding they decide not to give clear directions to the lower courts. See e.g. Scalia's majority opinion in Heller.)
Second, since they can't be sure they'll get heightened scrutiny for gays, they're attempting to show that even under the most lenient type of review Prop 8 lacks a rational basis and was, in fact, motivated toward animus toward gays.
On the other side, the defendants are trying to show that gays as a group are not deserving of any special scrutiny, that Proposition 8 was not motivated by animus, and that there are rational reasons for limiting marriage to one man and one woman. So, for example, the cross-examination to this point has focused a lot of questions on the idea that marriage is fundamentally linked to procreation.
Anyway, there's been some pretty amazing testimony and cross-examination so far. Defendants have brought up Will & Grace, Brokeback Mountain, and Homer Simpson as examples why there's no discrimination against gays, as to the first two, and why it's important to have a woman in the home, in the case of the latter.
Posted by: Gabriel Malor at
05:38 AM
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The militant gays are trying to get that now, without marriage. And not just the NAMBLA freaks. See Age of Consent groups, Gay.
Will they succeed because they get marriage? My take is that it's just as likely either way.
Malor, you're a good guy. But some of those who share your inclinations are pretty evil and twisted fuckers. That's not your fault or a reflection on you, but you gotta expect backlash when such abhorrent voices are not completely marginalized.
Posted by: hobgoblin at January 19, 2010 05:44 AM (i8s5X)
Posted by: Boies and Olson at January 19, 2010 05:45 AM (OOgDc)
Posted by: nine coconuts at January 19, 2010 05:48 AM (DHNp4)
You need go no farther than the fact that the law prohibits both men and women from being married to more than one person of the opposite sex. No further rationale is needed as the law, as it stands, is clearly not discriminatory. Overturn this check on behavior and you get people marrying their pets, blood relatives, everyone in their contact list...The anti8 people want chaos.
Posted by: torabora at January 19, 2010 05:48 AM (5Fe1P)
Posted by: Ben at January 19, 2010 05:48 AM (wuv1c)
Posted by: Boies and Olson at January 19, 2010 05:52 AM (OOgDc)
Posted by: Bald Ninja at January 19, 2010 05:54 AM (4pdbX)
I am sort-of anti gay "marriage" just on linguistic and traditionalist grounds (just in the sense of applying the word marriage to some new arrangement), but my feelings on it aren't very strong.
I think most people are on the same page, just arguing over what to call it. It makes it bizzare that it is so fractious.
Also I haven't followed this closely, because honestly it is not a huge issue for me, but what is the deal with the YouTube broadcast? Why were Ed Whelen and the anti-gay marriage flack at NRO so upset that it could be publicly broadcast? OJ was on CourtTV, I don't recall anyone running to the Supreme Court over it.
Posted by: DM! at January 19, 2010 05:55 AM (7VroG)
Gabe, you can get married now. The State isn't there for "validation" but for regulation. What's the state's interest in your bestest ever friend relationship. Assuming single couples can adopt as well, it seems like procedures are in place already to deal with kids, particularly where it's men doing the adopting.
Posted by: hobgoblin at January 19, 2010 05:56 AM (i8s5X)
The 1972 Gay Rights Platform
Platform created at the National Coalition of Gay Organizations Convention held in Chicago in 1972
FEDERAL LEVEL:
1. Amend all federal Civil Rights Acts, other legislation and government controls to prohibit discrimination in employment, housing, public accommodations and public services.
2. Issuance by the President of an executive order prohibiting the military from excluding for reasons of their sexual orientation, persons who of their own volition desire entrance into the Armed Services; and from issuing less-than-fully-honorable discharges for homosexuality; and the upgrading to fully honorable all such discharges previously issued, with retroactive benefits.
3. Issuance by the President of an executive order prohibiting discrimination in the federal civil service because of sexual orientation, in hiring and promoting; and prohibiting discriminations against homosexuals in security clearances.
4. Elimination of tax inequities victimizing single persons and same-sex couples.
5. Elimination of bars to the entry, immigration and naturalization of homosexual aliens.
6. Federal encouragement and support for sex education courses, prepared and taught by gay women and men, presenting homosexuality as a valid, healthy preference and lifestyle as a viable alternative to heterosexuality.
7. Appropriate executive orders, regulations and legislation banning the compiling, maintenance and dissemination of information on an individual's sexual preferences, behavior, and social and political activities for dossiers and data banks.
8. Federal funding of aid programs of gay men's and women's organizations designed to alleviate the problems encountered by Gay women and men which are engendered by an oppressive sexist society.
9. Immediate release of all Gay women and men now incarcerated in detention centers, prisons and mental institutions because of sexual offense charges relating to victimless crimes or sexual orientation; and that adequate compensation be made for the physical and mental duress encountered; and that all existing records relating to the incarceration be immediately expunged.
STATE LEVEL:
1. All federal legislation and programs enumerated in Demands 1, 6, 7, 8, and 9 above should be implemented at the State level where applicable.
2. Repeal of all state laws prohibiting private sexual acts involving consenting persons; equalization for homosexuals and heterosexuals for the enforcement of all laws.
3. Repeal all state laws prohibiting solicitation for private voluntary sexual liaisons; and laws prohibiting prostitution, both male and female.
4. Enactment of legislation prohibiting insurance companies and any other state-regulated enterprises from discriminating because of sexual orientation, in insurance and in bonding or any other prerequisite to employment or control of one's personal demesne.
5. Enactment of legislation so that child custody, adoption, visitation rights, foster parenting, and the like shall not be denied because of sexual orientation or marital status.
6. Repeal of all state laws prohibiting transvestism and cross-dressing.
7. Repeal of all laws governing the age of sexual consent.
8. Repeal of all legislative provisions that restrict the sex or number of persons entering into a marriage unit; and the extension of legal benefits to all persons who cohabit regardless of sex or numbers.
Posted by: angryoldfatman at January 19, 2010 05:56 AM (Yw4kE)
Posted by: phoenixgirl at January 19, 2010 05:58 AM (ucxC/)
Don't worry, they will. And you will comply.
Posted by: Tom in Korea at January 19, 2010 06:01 AM (+gX1+)
Posted by: phoenixgirl at January 19, 2010 06:02 AM (ucxC/)
That's absolutely correct. Procreation should be "privileged" (ugh, pomo Newspeak) since it creates the next generation of society. Fertile marriages (which by definition exclude gay pairings) should be encouraged. Used to be infertile couples would have marriages annuled. That's the damn POINT (sorry, formatting isn't working) of marriage.
Now, how do we embrace enough marriages so that all marriages that could result in children are fostered, and without intrusive fertility tests and/or monitoring by the State?
Hmmmm, I dunno. Limit marriage (the State's interest at least) to those who MIGHT reproduce themselves?
Posted by: hobgoblin at January 19, 2010 06:02 AM (i8s5X)
I almost want this to pass so we can stop reading about it here.
I have a question. Don't civil unions already exist? So, aren't there already legal ways to "marry" one's sissy sailor?
Posted by: Ben at January 19, 2010 06:03 AM (wuv1c)
Posted by: Jean at January 19, 2010 06:03 AM (PjevJ)
I'm on the side of Mother Nature. Homosexuality ain't normal. It never has been and it never will be, no matter how hard the Gay Activist Lawyers try to shove their agenda down our throats or up our rectums.
Posted by: Bruce at January 19, 2010 06:06 AM (1vTkL)
Posted by: Ray at January 19, 2010 06:07 AM (nG7g+)
Posted by: Empire of Jeff at January 19, 2010 06:19 AM (xGIqT)
Posted by: Bill Clinton at January 19, 2010 06:22 AM (OOgDc)
Posted by: ford at January 19, 2010 06:22 AM (Ki7fm)
The anti-Prop 8 case seems pretty damned weak to me.
Posted by: Y-not at January 19, 2010 06:30 AM (sey23)
They won't. They make a lot of noise about wanting to marry, make society acquiesce to their demands, but they don't actually GET married. Check the stats of actually married homosexual couples in Mass. Or Canada, for that matter.
Posted by: Tom in Korea at January 19, 2010 06:31 AM (+gX1+)
Posted by: katya at January 19, 2010 06:41 AM (c4Lvr)
Posted by: ParisParamus at January 19, 2010 06:54 AM (bN5ZU)
This is a long shot. No court has come right out and said that laws that affect gays get heightened scrutiny.
There is a reason for that Gabe. I am all for EQUAL rights. The problem is the gay lobby does not want equal rights, they want to be another privilidged and protected group.
That is what this BS "heightened scrutiny" is all about. That phrase in to itself is a liberal invention and is ludicrous.
Posted by: Vic at January 19, 2010 06:55 AM (QrA9E)
Ok, here's the simplest argument and I don't understand why it's not out there in the public domain yet:
For over 2500 years before the founding of the United States virtually EVERY religion on the planet has in one form or another defined and blessed the sacrament of holy matrimony between one man and one woman. Various religions actually reject the entire concept of homosexuality. (Charismatic Southern Baptists? I dont' know...) Right or wrong the United States was founded on the concept of Religious Freedom and that includes any religion that rejects homosexuality. Along comes the US Govt. and in the interest of public health they decide to "License" the otherwise "Religious Sacrament of Marriage". The point being they crossed the line when they started licensing a religious institution. They cannot now "redefine" the historical religious institution without again stepping over that same line and violating the instition(s) of religious freedom. Once that happens we have created another devisive issue just like abortion wherein both sides have an arguably intractable position.
The alternative is simple and satisfies all parties involved:
Government should recognize the mistake of "licensing a religious sacrament", by re-defining all former "marriage licenses" as "civil unions". If you were married in a church, that doesn't change a thing for you. Governments can define and license the term "civil union" any way that they choose. They then leave religious institutions to apply the religious sacrament of holy matrimony. IE: you wanna get married in a church, you go to church. And Churches are allowed to pick and choose "who they allow to get married" within the context of their doctrin. IE: Episcopalians and Catholics can recognize and perform Homosexual marriages while Charismatic Southern Baptists might not as a matter of their faith. LEGALLY they have to have the "Civil Union License" (in lieu of the old Marriage License) with or without the religious sacrament. And that way under the law....all civil unions are legal and binding, but you're not stepping all over the toes of any religion that objects.
The people most concerned about this as a change would be anyone who was "married in Las Vegas" outside the institution of a Church. They now have a "Civil Union" instead of a "marriage" and would have to go through a church to get that designation. As far as they're concerned, hey ladies, sounds like you get a great reason to party and a 2nd anniversary in the process!
Posted by: Just a cynic..... at January 19, 2010 06:56 AM (v4UYp)
the United States was founded on the concept of Religious Freedom
Those days are long gone.
crossed the line
again stepping over that same line and violating
It's what they do.
The alternative is simple
The Govt. can't do anything simple. That would be logical.
and satisfies all parties involved:
They don't want to satisfy everyone. Only the chosen ones.
Posted by: katya at January 19, 2010 07:02 AM (c4Lvr)
Posted by: ParisParamus at January 19, 2010 07:37 AM (bN5ZU)
They won't. They make a lot of noise about wanting to marry, make society acquiesce to their demands, but they don't actually GET married. Check the stats of actually married homosexual couples in Mass. Or Canada, for that matter.
Bingo. This isn't about building something up; it's about tearing down the rest of us.
Posted by: Curmudgeon at January 19, 2010 07:41 AM (ujg0T)
Posted by: Bald Ninja at January 19, 2010 07:41 AM (4pdbX)
Posted by: NJConservative at January 19, 2010 07:42 AM (/Ywwg)
#29 - concur: - gay marriage in CA has been repeatedly defeated, but will be brought back again and again until libs get the result they want, ad infinitum.
What concerns me is that if we allow the Courts to define this as a civil rights question and take the decision away from the voters, we're walking the road to making homosexuals yet another "protected class" entitled to special rights and privileges, opening the floodgates to an avalanche of special interest litigation and equal protection claims.
For those who're saying "homophobe" please note that I'd say the same thing if straight white Nebraska farmers were seeking to become another "protected class." (BTW thanks to Sen. Nelson, they might have already succeeded). I don't lose sleep over the idea that some states allow gays to marry, and I'm not leaving CA if it's allowed here.
I'm just fed up with end-runs around the voting public to the nearest courthouse steps, and I'm fed up with the Balkanizing identity-group-based politics that modern civil rights law encourages.
Wasn't there a holiday this week ? Some guy who talked about a "colorblind" society ? Perhaps gays could take a hint from MLK, fold their tent on this issue and help lead us to a colorblind society that also "pulls down the blinds" when it comes to bedroom issues ?
Posted by: societyis2blame at January 19, 2010 07:43 AM (rPDD/)
There are plenty of studies that show a strong genetic component to homosexuality. And let's get real, except for the last few years, who in their right mind would choose to be gay?
Oh goody! I get to bang guys, but I might get beaten to death, or lose my job, or get kicked out of pretty much everything I like!
Posted by: NJConservative at January 19, 2010 07:46 AM (/Ywwg)
Posted by: scrubjay at January 19, 2010 08:02 AM (LDSuV)
And let's get real, except for the last few years, who in their right mind would choose to be gay?
You obviously have not been paying attention to modern "identity victim politics."
Posted by: Curmudgeon at January 19, 2010 08:13 AM (ujg0T)
The reason why televising the court case is a bad idea is because people who support traditional marriage have already been harassed at their homes and their places of business. Judge Walker has already demonstrated that he plans to make this trial a circus; the foes of traditional marriage want to turn this into Scopes II. Mail your concerns to:
Hon. Phyllis Hamilton
Chair of the Rules Committee
United States Courthouse
1301 Clay Street
Oakland, CA 94612
Hon. Vaughn Walker
Chief Judge
United States Courthouse
450 Golden Gate Avenue
San Francisco, CA 94102
Posted by: vivi at January 19, 2010 08:13 AM (knNJg)
Hey Hobgoblin, I'll let you in on a secret: you don't have to be married to have kids.
And how well *that* has worked out. "NJConservative", indeed....
Posted by: Curmudgeon at January 19, 2010 08:17 AM (ujg0T)
The militant gays are constantly harping about staying out of the bedroom, but then they want the state to have a say in when they can leave an intimate friend. Nonsensical is about the kindest thing that I can say about that disconnect, as is the disconnect between the idea of someone who supports gay marriage being "conservative."
"NJPolitically conservative to a limited degree" would be more accurate.
Posted by: s'moron at January 19, 2010 09:11 AM (p1s9n)
The idea that marriage's function is to promote procreation is a dead horse. No matter how much we conservatives (yes, I am one) huff and puff and stamp our feet, society is still going to ignore that idea. I don't know the statistics, but many, many children are born out of wedlock. And that trend accelerated long before there was any tendency on the part of the left to promote the idea of gay marriage. The argument that homosexual marriage is going to destroy heterosexual marriage is just laughable. We already did that with no help from the rump rangers.
The real issue for me is that the state is even involved. Change all marriages to civil unions, and let organized religion deal with marriage.
@Curmudgeon
You are correct, out of wedlock children do less well than those kids who grow up in homes with married couples. So? What the hell does that have to do with allowing gay marriage?
Posted by: NJConservative at January 19, 2010 09:24 AM (/Ywwg)
There are plenty of studies that show a strong genetic component to homosexuality. And let's get real, except for the last few years, who in their right mind would choose to be gay?
Strong Genetic component? Methinks you do not understand Genetics the way you think you understand Genetics.
The color-blind suffer far greter injustice than the homosexuals.
Posted by: garrett at January 19, 2010 09:36 AM (Kgm0Y)
You are correct, out of wedlock children do less well than those kids who grow up in homes with married couples. So? What the hell does that have to do with allowing gay marriage?
Said the same lesbian Leftists, "A woman needs a man like a fish needs a bicycle." You really don't get the agenda behind this, do you?
Posted by: Curmudgeon at January 19, 2010 09:46 AM (ujg0T)
No, no, no. That's just crazy talk. We most likely will not bother the church. We just want our civil rights and will almost certainly stop agitating at that point, probably. I mean, no promises or anything, but nobody wants to be unreasonable. Obviously.
Posted by: Howling Same-Sex Marriage Activists at January 19, 2010 10:22 AM (LIH4p)
I understand it far better than you. And check what I actually wrote*. I never argued that rump rangers are being persecuted today. My point was that until recently, being gay was not a choice that a rational person would make, considering the abusive treatment that most gays had to deal with. That point argues against homosexuality being a choice.
*Notice the tense. I was discussing the past.
Posted by: NJConservative at January 19, 2010 11:01 AM (/Ywwg)
Well, you certainly proved your point.
Show me the studies that show that children in gay two-parent homes are worse off than those in regular two-parent homes.
Heterosexuals have fucked up the family unit very nicely already. I don't see how allowing gays to get married is going to make it even worse.
Posted by: NJConservative at January 19, 2010 11:06 AM (/Ywwg)
Founders didn't have this problem for a number of reasons, one of which being that if there were gays they either killed them or in Jeffersons case Castrated them.
my how times have changed.
Posted by: jp at January 19, 2010 11:57 AM (DFDtC)
We are supposed to be living in a secular society, yet the greatest arguments against gay marriage are sectarian in nature. How does discrimination against homosexuals based on religious bias fit here? Changing all legal marriages to civil unions in the eyes of the State is a good idea, and since the State cannot force a religious institution to condone a particular union against its will, the sectarians won't be affected. With all of this empty rhetoric floating around it might as well be the Mormon Church before the '60s, telling us that blacks are inferior because of some stupid story in the Babble. Or maybe Asians shouldn't be allowed to drive since they are so bad at it; Native Americans shouldn't be allowed to purchase firewater since they have problems metabolizing it; Jews shouldn't be allowed around large sums of money because they know how to invest it; whites shouldn't be allowed to listen to R&B music because they don't know how to dance to it; Parisians shouldn't be allowed on planes because they don't use deodorant (I'm actually in support of this one...sorry, some prejudices are really hard to put away).
Posted by: Ragnarokpaperscissors at January 19, 2010 12:02 PM (l8HqE)
Show me the studies that show that children in gay two-parent homes are worse off than those in regular two-parent homes.
You can start with the 1994 landmark "Dan Quayle Was Right", by Barbara Dafoe Whitehead and go from there.
As loving as mom-mom-child or the less common dad-dad-child may be, your notion that males and females are like interchangeable parts in a machine is certainly *not* "Conservative", or libertarian for that matter.
Am I persecuting such groupings? Not at all. I wish them well. But, like single-parent families, they are not the norm, despite the attempts of the Left to make them so.
Posted by: Curmudgeon at January 19, 2010 12:03 PM (ujg0T)
You are crediting me with things I never said, like: "males and females are like interchangeable parts in a machine." Wrong. Never said it, never meant it. If I had my druthers all children would be brought up in loving heterosexual households. But hoping doesn't make it so.
And as far as I know, Whitehead's point was that divorce hurts kids. That intact families were preferable to divorced families. I'm going out on a limb here, but I think you are full of shit. If you can show me where she discusses a study that showed that heterosexual families do a better job than homo families, I'll cheerfully apologize.
Posted by: NJConservative at January 19, 2010 12:38 PM (/Ywwg)
@55 Whitehead's essay has nothing to say about gay marriage, just about the consequences of divorce affecting children and liberal society's general (and possibly mistaken) view of single-parent families as a significant paradigm shift worthy of praise.
Posted by: Ragnarokpaperscissors at January 19, 2010 01:25 PM (l8HqE)
Posted by: toby928 at January 20, 2010 06:10 AM (PD1tk)
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Posted by: NJConservative at January 19, 2010 05:44 AM (/Ywwg)