Tuesday, January 12, 2010

Prop. 8 Trial Opens

The Prop. 8 trial opened yesterday.  Ted Olson's opening statement is set forth in its entirety here.  An excerpt: 

The State of California has offered no justification for its decision to eliminate the fundamental right to marry for a segment of its citizens.  And its chief legal officer, the Attorney General, admits that none exists.  And the evidence will show that each of the rationalizations for Proposition 8 invented by its Proponents is wholly without merit.

It's a brilliant opening statement well worth reading.  Olson and Boies are the best of the best in the legal profession.  I'm cautiously optimistic about this case because we're in such good hands.  Excellent coverage of the trial can be found here, here, and here,  

Check out Olson's answer when the judge asked why this case should be in court at all:

That’s why we have courts, to protect those who are discriminated against, when their children can’t go to school because of their skin color. We would not need a constitution if we left everything to the political process. We’d just let the majority prevail and that’s a good thing about democracy, but it’s not so good if you are different, new. It causes gays and lesbians unrelenting pain. We have the courts to take our worthy, upstanding citizens who are being hurt to be protected by the courts. That’s why we are here today.”

Concise, accurate, brilliant.  

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