Whelan: Judge on a Fool's Errand in Prop 8 Trial

Ed Whelan, at Bench Memos, has begun a series of blogposts on the bench trial being conducted by Judge Walker.

Over the coming week or so, you can expect plaintiffs’ counsel in the anti-Prop 8 to try to show that various sponsors of Prop 8 drew from their traditional religious beliefs unfavorable views of homosexual conduct; that the official campaign messaging must be deconstructed by left-wing academic partisans of same-sex marriage to reveal the messaging’s supposed hidden subtext of appeals to anti-homosexual bigotry; and that the votes of the more than seven million Californians who supported Prop 8 must be deemed to reflect that bigotry.

This is the wild witchhunt that Judge Walker has authorized and indeed encouraged plaintiffs’ counsel to conduct as the prime attraction in his intended show trial. In this series of posts, I will outline how legally unsound and abusive this witchhunt is.

Whelan has put up two blogposts today. I'll update as he makes further installments in the series.

"Judge Walker’s Wild Witchhunt"

Part 1.

Part 2.

UPDATE [21 January 2010]: Parts 3 and 4.