Prop 8 Trial: Day One

UPDATE: Olson and the plaintiffs will be on Today Tuesday morning between 7-7:30am PT/ET.

Several updates and resources on the first day of Perry v. Schwarzenengger, the federal challenge to Proposition 8 that began this morning in San Francisco, described as "what may be the signature civil rights fight of the modern era" by the San Jose Mercury News, whose coverage of the case has been excellent. The newspaper posted a live-blog of the proceedings and a gallery of dramatic photos.

An hour before the trial began, the United States Supreme Court blocked the television broadcast and distribution of the trial to YouTube. The high court will consider the issue on Wednesday.

The first day saw opening statements and testimony from plaintiffs (r) Jeffrey Zarrillo and Paul Katami, a Burbank couple seeking a chance to wed, and Kristin Perry and Sandy Stier, a Berkeley couple with four sons.

Howard Mintz at the Mercury News:

Under questioning from [Ted] Olson and David Boies, another high-profile attorney, the four plaintiffs described their difficult roads to "coming out" and their quest to marry their partners. "There's something humiliating about everybody knowing you want to make that decision (to marry), and you don't get to," Perry told the judge.

For the most part, lawyers for the Prop 8 campaign left the plaintiffs alone, declining to cross-examine all but Katami. Brian Raum, a lawyer for the conservative Alliance Defense Fund, grilled Katami on one issue, that being his testimony that the Prop 8 campaign's focus on children was misleading and hurtful.

Both sides played video from the campaign, which will be a central issue in the trial. The plaintiffs plan to argue that the Prop 8 campaign was fueled by bias against gays, while supporters of the measure say it was motivated by a desire to preserve traditional heterosexual marriage and its importance to procreation.

Lisa Leff at the AP adds:

Attorney Charles Cooper, who is representing Proposition 8 sponsors, said it's too difficult to know the impact of gay marriage on traditional marriage because the practice is still so new. Only five states have opened the institution to same-sex couples, and three of them had them imposed on them by judges, he said.' While the people of California have been steadfast in their defense of marriage, they have also been generous in their extending of the rights and benefits and protections of marriage to the gay and lesbian population,' Cooper said. He also noted that President Barack Obama doesn't support legalizing gay marriage, a remark that prompted Judge Walker to note that Obama's own parents would not have been allowed to get married in some states before the Supreme Court overturned state bans on interracial marriage in 1967. "That indicates there is quite a change in individuals' entitlement to enter the institution" of marriage, Walker said."

CNN covers the plaintiff's testimony in detail.

Think Progress reports Olson, the former Solicitor General in the George W. Bush Administration, took on right-wing fear-mongering on marriage equality. Olson also appeared on NBC Nightly News. It's a strong interview where he lays out the conservative case for marriage.

If you looking for trial analysis: LGBT POV's Karen Ocamb is filing excellent reports from San Francisco and Jenny Pizer at Lambda Legal is offering expert analysis. The National Center for Lesbian Rights' Shannon Minter has more analysis at Pam's House Blend. Law Dork's @Chris Geidner is a key Twitter resource. @David Badash and his blog are also must-reads. Finally, FireDogLake's Teddy Partridge is producing a virtual verbatim transcript.

Watch the AP video report including interviews with activist Cleve Jones, Equality California's Geoff Kors and many others outside the federal courthouse WHEN YOU JUMP ...

Comments

[Rowan]

Er, hasn't Canada and the UK had gay marriage for like years? The world hasn't collapsed in either of those places...

There is no marriage equality in the UK. There are civil partnerships. _RM

[Taylor Siluwé]

Rowan,

Its also legal in South Africa, Norway, Sweden, Belgium, Netherlands and Spain, with various other places on the verge of putting gender neutral marriage laws on the books.

And you're right, and the world hasn't collapsed, straight marriages haven't suffered one iota (as if they ever could).

If this case goes south, The United States in well on its way to being the Bedrock of the world. Well, if you don't count those place in the world where the Flintstones truly would feel at home. I won't bother to list them ....