Davina Kotulski

Update from the Prop 8 trial: Special Report

Filed By Davina Kotulski | January 11, 2010 4:00 PM | comments

Filed in: Marriage Equality, Politics
Tags: California, Davina Kotulski, Judge Walker, marriage equality, Prop 8, Prop. 8, same-sex marriage, Ted Olson

The Prop 8 trial started with introductions from all the attorneys and discussion of the stay of a live feed of the trial to other federal courthouses and streaming for YouTube. A stay has been issued until Wednesday at 4:00 PM. The only place to watch the proceedings is an overflow room in the Federal Building in San Francisco.

Judge Walker reported that he received 138,542 requests for TV coverage of the trial and only 32 requests opposing televised coverage.

Ted Olson, the attorney challenging Prop 8, spoke for the first hour. He stated "This case is about marriage and equality. Plaintiffs are being denied the right to marry and under the law."

Much more after the jump.

A Basic Civil Right

Other Olson quotes from the proceedings:

"The right to marriage is one the most vital personal rights".

"A constitutional right to privacy, association, intimacy and choice...a spiritual and public commitment."

"Marriage is the most important relationship in life and of fundamental importance of all individuals."

"Marriage is central to psychological, emotional, and physical health. Marriage is the building block of family, neighborhood, and community in our society."

"Gays and lesbians have been classified as degenerates, targeted by police, fired from government jobs, arrested for private sexual conduct, and stripped of their rights by popular vote."

"'Domestic partners' says that gay people are different, separate and unworthy."

"The roots of discrimination run deep... Prop 8 singles out gays alone...even convicted murders and child abusers in California enjoy the freedom to marry."

Olson said that opponents of Proposition 8 will argue these three points:

  1. Marriage is vitally important in American Society.
  2. Denying same-sex Prop 8 causes grievous harm against gay and lesbian individuals and adds another chapter of discrimination and suffering.
  3. Prop 8 perpetrates immeasurable harm for no good reason.

The Giggling Has Begun

As soon as the Yes on 8 attorney took the floor and began speaking out against marriage equality for same-sex couples, the giggles in the media overflow room started.

"Marriage is for a child whose mom and dad had a sexual union. Marriage is to take men and women's procreation and to "channel it into an enduring union."

Walker asked. How does same-sex marriage diminish procreation for heterosexual couples?

"Well, will this institution remain a pro-child institution or will it be a private relationship that provides couples with personal fulfillment, companionship, and expressions of love?"

I prefer the latter. Marriage should be about personal fulfillment, companionship, and expressions of love what a wonderful environment for adults who them choose to bring children into this world into these kinds of self-actualized, loving families.

They lie. They say gay marriage will lower the marriage rate and increase the divorce rate. I remind that Massachusetts which has had same-sex marriage for 6 years reportedly has the lowest divorce rate.

Time for Obama to come out in support of marriage equality.

Prop 8 supporters used a quote of President Obama's support of civil unions and statement against gay marriage to justify Prop 8.

Judge Walker commented that President Obama also said that if his parents wouldn't be able to marry under anti-miscegenation laws.

Equality California is calling on people to contact Obama and ask him to come out against Prop 8. Sign the petition here.

"Marriage is the sexual embodiment of the man and the woman who form the union. The sexual embodiment forms the institution. Only naturally procreated contact will bring forward life. It's best when the child is brought into the world that the parents are together."

Earlier in the proceedings, Ted Olson stated, "The quality of a parent is not measured by gender it is measured by the content of the heart."

The Yes on 8 attorney literally proposed that if same-sex marriage was legal, bisexuals will want to "have the right to express their love and achieve personal fulfillment by the state." This led to the theory that gay marriage leads to group marriage.


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Time for Obama to come out in support of marriage equality.

Yeah, good luck with that. President Fierce is too busy on his knees in front of Wall Street to expend any political capital on anything "controversial".

Margaretpoa Margaretpoa | January 11, 2010 6:54 PM

Time for Obama to come out in support of marriage equality.

Right...Good luck on that. Our "fierce advocate" has become our timid, silent, fair weather acquaintance.

Um... what in EARTH makes you think that Obama is pro Same Sex Marriage?

I quote:

"I believe that marriage is the union between a man and a woman. Now, for me as a Christian, it's also a sacred union. God is in the mix."

The less he says, the better. The best thing we can hope for him to say is "Despite my personal beliefs, it should be a matter for the states."

The executive branch has not been active on this issue. This is a matter of rights and that belongs under the authority of the Judiciary and when they grants those rights then it is the job of the executive to insure them. As far as I am concerned he should keep his mouth shut on this one and do his job when the time comes.

Completely agree that it's time for Obama to be even a lukewarm champion at this point...

Welcome to TBP, Davina. Glad to have you here.