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Friday, January 29, 2010

Outstanding Issues from Proposition 8 Trial.

Austin R. Nimocks is Senior Legal Counsel for the Alliance Defense Fund and works on the legal team defending the constitutionality of the California marriage amendment at the federal trial in Judge Walker's San Francisco courtroom.

Several snippets from the ADF's daily hearing update, 27 January 2010.

The final day of trial ended at noon on Wednesday, making the presentation of evidence end precisely at the 2½ week mark. [...] [T]he presentation of testimonial evidence from witnesses to the district court is now complete.

[...]

As Judge Walker acknowledged at the end of Wednesday’s proceedings, some outstanding matters remain, including the intervention application of Imperial County, California. Many people may not be aware that Imperial County sought to intervene in the matter and join the defense of the marriage amendment. Moreover, the court has yet to rule on several motions filed by the ProtectMarriage.com legal team asking the court to require the “No on 8” campaigns to produce several documents that we believe that they are required to produce (and have yet to do). Judge Walker promised rulings on these matters in the near future.

[...]

The plaintiffs never sought to address the real and important issue of creating a public policy that says that fathers and mothers aren’t necessary for childrearing. [...] [A]re we really supposed to believe that intentionally eliminating a father or a mother from the lives of many of society’s children won’t have an effect on their well being?

[...]

[A]nother weakness for the plaintiffs: their claim that the “GLBT community” lacks political power, both in California and nationally.

[...]

While the testimonial phase of the trial is finished, the proceedings in San Francisco are not yet complete. Judge Walker plans to take about a month to review, on his own, the thousands of pages of documents and exhibits that were introduced into evidence during these last two weeks. Then, by Feb. 26, the parties will remit papers which seek to highlight the evidence that they believe support the proposed judgments that they remitted to the court before the trial began. After that, Judge Walker will seek to schedule a time for formal closing arguments.


All of the ADF's updates are available, in full, on their website.

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