Yesterday Judge Vaughn Walker, the judge overseeing the federal trial on the validity of Prop 8, issued a series of questions he'd like the parties to address in their closing arguments.
Rick Jacobs, chair of the Courage Campaign, wrote on the Huffington Post that, he "can without doubt say that never before has homosexuality been on trial in America in this way." Jacobs has also posted a complete copy of the list of questions Walker sent to the plaintiff and the defendants.
Closing arguments are scheduled to begin next Wednesday, June 16 at 10am Pacific . A sample of some of Walker's questions are after the jump.
What empirical data, if any, supports a finding that legal recognition of same-sex marriage reduces discrimination against gays and lesbians?
What are the consequences of a permanent injunction against enforcement of Proposition 8? What remedies do plaintiffs propose?
If the evidence of the involvement of the LDS and Roman Catholic churches and evangelical ministers supports a finding that Proposition 8 was an attempt to enforce private morality, what is the import of that finding?
The court has reserved ruling on plaintiffs' motion to exclude Mr Blankenhorn's testimony. If the motion is granted, is there any other evidence to support a finding that Proposition 8 advances a legitimate governmental interest?
Why is legislating based on moral disapproval of homosexuality not tantamount to discrimination? See Doc #605 at 11 ("But sincerely held moral or religious views that require acceptance and love of gay people, while disapproving certain aspects of their conduct, are not tantamount to discrimination."). What evidence in the record shows that a belief based in morality cannot also be discriminatory? If that moral point of view is not held and is disputed by a small but significant minority of the community, should not an effort to enact that moral point of view into a state constitution be deemed a violation of equal protection?
What does it mean to have a "choice" in one's sexual orientation? See e g Tr 2032:17-22; PX 928 at 37