Update on Prop 8 trial strategey

Many people have been asking about the trial stategey for the Prop 8 trail in California. Well, the pro-marriage side is taking a very narrow tack. This approach relies on the legal principle of the "rational basis test". As we all should know by know the burden of proof is on those who wish to neuter marriage to show that the people's adoption of traditional marriage in Prop 8 lacks a "rational basis".

The Wall Street Journal quoted Andrew Pugno, general counsel for Protect-Marriage.com, as saying “We do not have to show that same-sex marriage would harm traditional marriage - but just that traditional marriage is a reasonable tool to promote the public’s interest.” (WSJ, 1/22/10, A5)

Pro-gay, anti-marriage, anti-democratic activists on the other hand have ignored the clear legal standard of proof and the rationality test. Aided and abbeted by what appears to be a biased judge, the opposition mounted a broad based political strategey designed to appeal to emotion and politics by rehashing what the courts and voters have already discussed again and again & that is already well established in the trial record.

This article by the family research Insitute shows the danger in this strategey. I must agree with multiple points brought up in the article. While taking the principled legal approach has real beneifits, it also has several real drawbacks. Please read this article as I recommend it

This article in the Washington Times, demonstrates this politcized approach.

"Jordan Lorence, senior legal counsel for the Alliance Defense Fund (ADF), which helped defend Proposition 8, said factual testimony about the suffering caused by Proposition 8 may be compelling to a committee of elected legislators, or the voters, but it's irrelevant in a federal legal proceeding — or at least it should be."

" "This trial reminded me more of a legislative hearing than a federal trial," said Mr. Lorence. "The people of California heard all this in the fall of 2008. They heard testimony directly in lieu of a legislative panel. They heard this, and they made the decision to keep the marriage laws the same as they were before California was a state." "

"In an ideal situation, say Proposition 8 supporters, Judge Walker would have taken legal briefing and ruled on the constitutionality of Proposition 8, as a matter of law, without what they described as a "show trial." "

I also wish to recommend this article in the National Catholic Reporter.

And to wrap it up, I wish to point to this web page called DOMA watch, It is in the list of Links on our resources page...I check it daily and find it to be the best list of current media and news on the marriage battle.